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2023 Supreme(Del) 2867
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Kumar Sanjay Jha – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 2029 of 2023 & CM APPLs. 7698 of 2023, 7699 of 2023
Decided On : 16-02-2023
Important Points
Subject
Administrative Law - Writs
Headnote
Certiorari - Mandamus - The court directed the respondents to provide the copy of the order to the petitioner within two days and restrained any steps against the petitioner in the revisional trial until then.
Fact of the Case:
The petitioner sought the quashing of an order remanding findings against the petitioner for a revisional trial and the direction to decide a pre-confirmation petition.
Finding of the Court:
The court disposed of the petition, directing the respondents to provide the copy of the order to the petitioner within two days and restraining any steps against the petitioner in the revisional trial until then.
Issues: Petitioner seeking relief through writ of Certiorari and Mandamus, aggrieved by the order of the General Security Force Court.
Ratio Decidendi: The court's decision was based on the need to provide the petitioner with a copy of the order and to prevent any steps against the petitioner in the revisional trial until then.
Final Decision: The petition was disposed of, and the respondents were directed to provide the copy of the order to the petitioner within two days, with a restraint on any steps against the petitioner in the revisional trial until then.
Mr. Manu Yadav, Advocate, for the Petitioner.
Mr. Ripu Daman Bhardwaj, CGSC, Mr. Kushagra Kumar, Govt. Pleader with Mr. Hemendra Singh, DC Law, BSF for UOI.
JUDGMENT (oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"(a). Pass a writ in nature of Certiorari quashing the order dated 06.01.2023 passed by Respondent No. 2 (not served on the Petitioner as yet) remanding the findings of the General Security Force Court against the Petitioner for a revisional trial.
(b). Pass a writ in the nature of Mandamus directing Respondent No. 2 to decide the pre-confirmation petition dated 30.08.2022 as moved by the petitioner against the order dated 22.08.2022 passed by the General Security Force Court."
2. Keeping in view of the averments made in the present petition and the submissions made by the learned counsels for the parties, we hereby dispose of the present petition directing the respondents to provide the copy of the Order dated 06.01.2023 to the petitioner within two days from today. Till then, no steps shall be taken against the petitioner in the revisional trial.
3. Needless to state that the petitioner is still aggrieved by the said order, he may challenge the same before the appropriate forum.
4. Accordingly, the petition is disposed of along with the pending applications.
5. Order dasti under the signature of Court Master.
