Ex Si Exe Ram Chander v. UOI And ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5669/2017 EX SI EXE RAM CHANDER ..... Petitioner Through Mr.Satish Chand Gupta, Ms.Swati & Mr.Shahir Shabir, Advs.

versus UOI AND ORS ..... Respondents Through Mr.Vivek Goyal, CGSC with Mr.Prasanta Varma, SCGC along with Mr.Devinder Singh, AC-CISF.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 14.07.2017 The petitioner Ram Chander had suffered punishment of compulsory retirement with pensionery benefits vide order dated 15.09.2011. The petitioner had filed appeal and review which were dismissed, The petitioner had thereupon filed WP(C) 7051/2012 impugning the said order of punishment of compulsory retirement. The said writ petition was dismissed as withdrawn on instruction of the petitioner who was present in person in the Court as recorded vide order dated 26.08.2015. The petitioner has now filed the present petition stating that he was due for promotion in March 2011, which has not been granted in view of the punishment order dated 15.09.2011.

The disciplinary inquiry was initiated against the petitioner vide order

dated 14.03.2011. Before that the petitioner was suspended vide order dated 09.01.2011. The disciplinary inquiry resulted in the punishment order and therefore, no question of promotion of the petitioner on or after March 2011 would arise. Even otherwise, the petitioner had not sought leave of the Court to file a fresh writ petition and withdrawal of WP(C) No.7051/2012 would bar and prevent the petitioner from filing the present petition. The writ petition is accordingly dismissed.

SANJIV KHANNA, J NAVIN CHAWLA, J JULY 14, 2017/vp