Bhoop Singh v. Union Of India And ORS

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8508/2017 & CM 35043/2017 BHOOP SINGH ..... Petitioner Through: Ms.Saahila Lamba, Adv.

w versus UNION OF INDIA AND ORS ..... Respondents Through: Mr.J.K.Singh, Standing counsel for Railways with Mr.H.Agrawal, Adv.

CORAM:

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

O R D E R

% 22.09.2017 We do not find any ground to quash the memorandum dated 30th August, 2017. The petitioner has been served with the memorandum and asked to offer explanation for the purported undeclared private cash of Rs.4470/- detected from his possession during the course of checking by the Vigilance Team in Train no. 22462 on 30th December, 2016 between Ludhiana and New Delhi. The contention of the petitioner is that the aforesaid memorandum has been issued at the behest and on the instructions of the Vigilance Team.

It is not possible to agree with the said contention and quash the memorandum dated 30th August, 2017.

The petitioner was found to be in possession of excess cash by the Vigilance Team and the said information was conveyed to the

relevant authorities. The memorandum is issued by the Disciplinary Authority. The charge is yet to be proved and established. The petitioner would have full liberty to defend and contest the memorandum. The petitioner can raise all defences available to him under law before the Disciplinary Authority and/or Inquiry Officer. We, therefore, do not think that it is proper to interfere with the memorandum at this stage. We clarify that we have not made any comment on merits. With the aforesaid observations, the writ petition is dismissed.

SANJIV KHANNA, J NAVIN CHAWLA, J SEPTEMBER 22, 2017 'umang'