Padam Singh Bagga v. Union Of India & ORS.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4514/2020 PADAM SINGH BAGGA ..... Petitioner Through:

Mr.

Ankur Chhibber with Mr.

Anshuman Mehrotra, Mr.

Harsh Dhankar & Ms. Poulami Das, Advs.

Versus

UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Sanjeev Uniyal & Mr. Dhawal Uniyal, Advs. for R-1 to 3.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 24.07.2020 [VIA VIDEO CONFERENCING] CM No.16250/2020 (for exemption) & CM No.16251/2020 (for exemption from filing duly affirmed affidavits & court fees) 1.

Allowed, subject to just exceptions and as per the extant rules. 2.

The applications are disposed of.

W.P.(C) No.4514/2020 & CM No.16252/2020 (for stay) 3.

The petitioner, an Assistant Commandant in Indo-Tibetan Border Police (ITBP), has filed this petition impugning the notice dated 15th April, 2020 calling upon the petitioner to show cause why his services should not be terminated, by way of retirement from service, under Section 10 of the Indo-Tibetan Border Police Force Act, 1992 read with Rules 10 & 19 of the Indo-Tibetan Border Police Force Rules, 1994, for "contracting plural W.P.(C) No.4514/2020

marriage during the subsistence of the first marriage". 4.

The challenge being to a show cause notice and the scope of which challenge is narrow, we have heard the counsel for the petitioner at length on admission/maintainability of the petition. 5.

After hearing, the counsel for the petitioner sought passover to take instructions from the petitioner and the matter was passed over. 6.

On passover, the counsel for the petitioner states that he has instructions to withdraw the petition with liberty to challenge the order pursuant to the show cause notice, if prejudicial to the petitioner, including on all grounds taken in this petition.

7.

The petition is dismissed as withdrawn with liberty aforesaid. RAJIV SAHAI ENDLAW, J.

ASHA MENON, J.

JULY 24, 2020 „bs‟ W.P.(C) No.4514/2020