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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Asha Menon, JJ.
Amit Hansda - Appellant
Versus
Union Of India And Ors - Respondent
W.P.(C) No. 4199 of 2021, 4212 of 2021, 4267 of 2021; C.M. No. 12760 of 2021, 12761 of 2021, 12801 of 2021, 12802 of 2021, 12978 of 2021, 12979 of 2021
Decided On : 06-04-2021
Show Cause Notice - Termination Order - The court directed the present writ petitions to be treated as statutory appeals and ordered the Deputy Inspector General to decide the same within two weeks. The court clarified that it has not expressed any opinion on the merits of the controversy, leaving all rights and contentions of the parties open.
Fact of the Case:
The petitioners challenged the Show Cause Notice and termination order, seeking reinstatement in service with consequential benefits and relaxation by treating the petitioners as having completed basic training.
Finding of the Court:
The court directed the present writ petitions to be treated as statutory appeals and ordered the Deputy Inspector General to decide the same within two weeks. The court clarified that it has not expressed any opinion on the merits of the controversy, leaving all rights and contentions of the parties open.
Issues: Challenging Show Cause Notice and termination order, seeking reinstatement and consequential benefits.
Ratio Decidendi: The court directed the present writ petitions to be treated as statutory appeals and ordered the Deputy Inspector General to decide the same within two weeks. The court clarified that it has not expressed any opinion on the merits of the controversy, leaving all rights and contentions of the parties open.
Final Decision: The present writ petitions along with ending applications stand disposed of.
JUDGMENT
Manmohan, J. - Present writ petitions have been filed challenging the Show Cause Notice dated 15th July 2019 as well as the termination order dated 18th March 2021 passed by the Respondents. Petitioners seek reinstatement in service w.e.f. 02nd April 2021 with all consequential benefits and relaxation by the Respondents by treating the Petitioners as having completed basic training and declaring the Petitioners entitled to all consequential benefits including confirmation.
2. A perusal of the paper book reveals that the Petitioners have filed statutory appeals against the impugned termination order. However, the same have not been decided till date.
3. At this stage, learned counsel for the Petitioners states that the statutory appeals that had been filed do not contain all the grounds. He prays that the present writ petitions be treated as statutory appeals of the Petitioners and a direction be issued to the Deputy Inspector General, Sector Headquarters (Special Campaign), Gaya to decide the same by way of a reasoned order.
4. Accordingly, the present writ petitions are directed to be treated as statutory appeals and the Deputy Inspector General, Sector Headquarters (Special Campaign), Gaya is directed to decide the same by way of a reasoned order within two weeks.
5. Learned counsel for the Petitioners is directed to serve copies of the present writ petitions upon Deputy Inspector General, 0tor Headquarters (Special Campaign), Gaya through e-mail by tomorrow.
6. This Court clarifies that it has not expressed any opinion on the merits of the controversy. All the rights and contentions of the parties are left open.
7. With the aforesaid direction, the present writ petitions along with ending applications stand disposed of.
The court clarified that it has not expressed any opinion on the merits of the controversy, leaving all rights and contentions of the parties open.
Writ petitions may be treated as statutory appeals, and authorities must resolve pending statutory appeals fairly and promptly.
Writ petitions cannot challenge show cause notices as premature; effective statutory remedies under Rule 29 of the Sashastra Seema Bal Rules should be pursued first.
Compliance with the Writ Court's order for reinstatement led to the closure of the contempt petition.
Termination due to medical unfitness requires adherence to due process, including a proper medical assessment, and cannot unjustly discriminate against similarly situated individuals.
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