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High Court of DelhiW.P.(C)/12356/2019

Anil Kumar Gupta v. Union Of India And ORS.

2024-09-03Hon'Ble Ms. Justice Jyoti Singh2 pages

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12356/2019 ANIL KUMAR GUPTA .....Petitioner Through:

Mr. Tarkeshwar Nath, Advocate along with Petitioner in person.

versus UNION OF INDIA AND ORS.

.....Respondents Through:

Mr. Kirtiman Singh, CGSC with Mr.

Waize Ali Noor, Mr. Ranjeev Khatana, Mr.

Maulik Khurana and Mr. Varun Pratap Singh, Advocates for R-1.

Mr. Sanjay Kapur, Mr. Surya Prakash, Mr. Devesh Dubey and Ms. Isha Virmani, Advocates for R-2 to 4.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 03.09.2024 CM APPL. 50484/2019 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 12356/2019, CM APPLs. 50483/2019 and 51381/2019 3.

This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking quashing of show-cause notice dated 08.11.2019 issued by Respondent No.5 as well as inquiry report dated 30.10.2019.

4.

A preliminary objection has been taken by Respondents No.2 to 4 to the territorial jurisdiction of this Court on the ground that no part of cause of W.P.(C) 12356/2019 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/09/2024 at 12:44:36

action has arisen within the jurisdiction of this Court. 5.

Mr. Tarkeshwar Nath, learned counsel appearing for the Petitioner, on instructions from the Petitioner, who is present in Court, seeks to withdraw this petition with liberty to approach the Court having territorial jurisdiction in the matter as also with liberty to raise all objections, legal issues and contentions raised in the present petition before the appropriate Court. 6.

This writ petition is disposed of granting liberty to the Petitioner to take recourse to appropriate remedies before an appropriate Court having jurisdiction, with liberty to raise all legal objections and contentions raised in the present petition including a challenge to the charge sheet on the ground that it was issued by an incompetent authority. 7.

Considering that the Petitioner had approached this Court in 2015, the appropriate Court may take the said fact into consideration in case any objection on delay and laches is raised by the Respondents. 8.

Writ petition along with pending applications stands disposed of as withdrawn.

JYOTI SINGH, J SEPTEMBER 03, 2024/kks W.P.(C) 12356/2019 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/09/2024 at 12:44:36