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High Court of DelhiW.P.(C)/2235/2017

Sanjay Singh v. Union Of India & ORS

2018-02-06Hon'Ble Ms. Justice Hima Kohli,Hon'Ble Ms. Justice Pratibha Rani2 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2235/2017 SANJAY SINGH ..... Petitioner Through:

Mr.G.S.Rana, Advocate versus UNION OF INDIA & ORS ..... Respondents Through:

Mr.Manish Mohan, CGSC with Ms.Manisha Saroha & Mr.Shubham Pundir, Advocates

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 06.02.2018 1.

The petitioner, who was working as a Constable (GD) with 129 Bn, CRPF, has been awarded penalty of 'Removal from Service' by the Disciplinary Authority i.e. Commandant, 129 Battalion, CRPF vide order dated 19.11.2011. The appeal preferred by the petitioner before DIG, CRPF, Range Bhopal, was dismissed vide order dated 03.05.2012 and order passed by the Disciplinary Authority was upheld. Aggrieved by the order passed by the Appellate Authority, the petitioner preferred a revision petition before IG, Special Sector, CRPF, Raipur, Chattisgarh, which was rejected vide order dated 12.09.2012. Thereafter, the petitioner filed another petition, referred to as a Mercy Petition, which was also rejected by Special DG, Central Zone, CRPF, Kolkata vide order dated 08.10.2013. W.P.(C) 2235/2017

2.

Learned counsel for the respondents points out that none of the aforesaid orders have been passed within the territorial jurisdiction of this Court. While the Disciplinary Authority and the Appellate Authority are based in Bhopal, the Revisional Authority is based in Raipur, Chattisgarh and the Mercy Petition was disposed of by the competent authority based in Kolkata.

3.

At this stage, learned counsel for the petitioner seeks leave to withdraw the present petition, while reserving the right of the petitioner to approach the competent Court vested with territorial jurisdiction to entertain the same.

4.

Leave as prayed for is granted. The petition is disposed of. HIMA KOHLI, J.

PRATIBHA RANI, J.

FEBRUARY 06, 2018 „pg‟ W.P.(C) 2235/2017