Ex Capt Pratap Ghosh v. Union Of India Through Secretary & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6525/2019 & CM Nos. 27584/2019 & 27585/2019 EX CAPT PRATAP GHOSH ..... Petitioner Through:

Mr Rajinder Tripathi and Mr Vikram Pratap Singh, Advocates.

versus UNION OF INDIA THROUGH SECRETARY & ANR ..... Respondents Through:

Mr Anil Soni, CGSC with Mr Nikhil Bhardwaj, GP.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 31.05.2019 1.

The petitioner has filed the present petition, inter alia, praying that directions be issued to the Director General Resettlement (DGR) to quash the order dated 13.5.2019, thereby dis-empanelling the petitioner. 2.

The petitioner is an ex-serviceman and was empanelled with the DGR for providing security services. The petitioner has been dis-empanelled by the impugned order dated 13.05.2019. It is the petitioner's case that he was not aware that any such punitive measure was proposed to be taken against the petitioner. The petitioner states that no show cause notice was issued to him and further, he was not provided an opportunity to meet any allegations made against him.

3.

Mr Soni, learned counsel appearing for DGR states that show cause notices were sent to petitioner twice, but the petitioner had failed to respond

to the same. He states that it was found that the petitioner had engaged a larger proportion of civilian employees than permitted. 4.

After some arguments, the learned counsel for the parties agree that the petitioner would be provided one more opportunity to respond to the show cause notices already issued and the concerned authority shall also afford the petitioner an opportunity to be heard and if necessary, review the impugned order dis-empanelling the petitioner. 5.

Without going into the question whether a show cause notice was earlier served on the petitioner, Mr Soni, learned counsel appearing for the respondent, has handed over copies of the two show cause notices to the learned counsel appearing for the petitioner today in Court. The petitioner may send his response if any, within a period of one week from today. 6.

It is stated that by virtue of empanelment with DGR, the petitioner has been providing security services to various companies, namely, Mahanadi Coal Fields Ltd., ESI Hospital and IOCL. In this regard, it is directed that status quo shall be maintained till the concerned authority reconsiders the decision.

7.

The petition is disposed of in the aforesaid terms. 8.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J MAY 31, 2019 MK