High Court of DelhiW.P.(C)/11485/2015

Delhi Police Ex Servicemen Association v. UOI And ORS

2016-08-22Hon'Ble The Acting Chief Justice,Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11485/2015 DELHI POLICE EX-SERVICEMEN ASSOCIATION ..... Petitioner Through : Ms. Sripradha Krishnan, Advocate.

Versus

UOI AND ORS.

..... Respondents Through:

Ms. Suparna Srivastava, Mr. Manu Dev Sharma, Ms. Aditi Sharma, Mr. Rakesh Kumar and Mr. Sarfaraz Ahmad, Advocates for respondent No. 1.

Mr. Peeyoosh Kalra, ASC with Ms. Sona Babbar, Advocate for respondent Nos. 2 & 3.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 22.08.2016 1.

This petition by way of Public Interest Litigation has been filed with a prayer to quash the order of the Commissioner of Police dated 03.11.2010. Though the petitioner has been described as 'Delhi Police Ex-Servicemen Association', on a perusal of the averments in the writ petition as well as the contents of the impugned order dated 03.11.2010, it appears to us that this petition has in fact been filed by Sh.Chhida Singh Rawat, a retired Head Constable of Delhi Police, as an individual aggrieved by rejection of his representation dated 03.08.2010 seeking permission to form an association of serving Delhi Police Head Constables.

As is evident from the impugned order dated 03.11.2010, the W.P.(C) 11485/2015

permission sought by Sh.Chhida Singh Rawat to form an association was rejected after giving an opportunity of being heard and assigning detailed reasons therefor.

Be that as it may, it has now been brought to the notice of this Court by the learned counsel for the respondents that against the impugned order dated 03.11.2010, the petitioner has also preferred an appeal before the Lieutenant Governor of NCT of Delhi and having considered the same, by order dated 05.08.2016 the appeal was dismissed by the Lieutenant Governor of NCT of Delhi.

Since, the impugned order dated 03.11.2010 has merged with the order of the Appellate Authority/Lieutenant Governor of NCT of Delhi dated 05.08.2016, if aggrieved, it is for the petitioner to challenge the order passed by the Lieutenant Governor by working out the appropriate remedy available under law.

Accordingly, granting leave and liberty to the petitioner to take appropriate steps as permissible under law, the writ petition is disposed of. CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J AUGUST 22, 2016 gr W.P.(C) 11485/2015