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2023 Supreme(Del) 2466

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Ct/cd Siddant Sindhu – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Ms. Chhavi Yadav & Mr. Ajit Kakkar, Advocate, for the Petitioner.
Mr. Sushil Raaja, Senior Panel Counsel with Mr. Siddhant Gupta, Govt. Pleader, for the UOI.

JUDGMENT (Oral)

1. Vide the present petition, the petitioner is seeking following reliefs:

    "(a) To pass a writ of certiorari to set aside order no. CISF/DMRC/VIOLET-II/DSIC/UR-37/S.S/2022-2235 dated 23.07.2022.

    (b) To pass a writ of Mandamus Or any Appropriate Writ, Order of Direction Directing Respondents No To Take Any Further Adverse Action Against The Petitioner."

2. Learned counsel appearing on behalf of the respondents on advance notice informs this Court that against the impugned Order dated 23.07.2022, the petitioner has filed appeal in September, 2022, however, the said appeal is pending consideration, thus the present petition is premature.

3. Learned counsel for the petitioner does not dispute the filing of the appeal by the petitioner, however, she submits that the said appeal has been returned vide Order dated 21.11.2022. A Show-cause Notice dated 15.12.2022 has been issued against the petitioner.

4. The decisions so taken vide Order dated 21.11.2022 and thereafter, vide Order dated 15.12.2022, in our considered opinion, are not proper and not as per law on the ground that if the petitioner had made an Appeal which was not before the Competent Authority, it was the d

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