Chaudhary Hitesh Kumar vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Chaudhary Hitesh Kumar – Appellant
Versus
Union of India – Respondent

Table of Content
1. petition seeks reinstatement and benefits. (Para 1)
2. petition dismissed due to unexhausted remedies. (Para 3)
3. liberty to appeal granted; decision required. (Para 4 , 5)
4. petition disposed of as per directions. (Para 6)

JUDGMENT (Oral)

1. Present petition has been filed seeking directions to the respondents to reinstate the petitioner in service with all consequential benefits including arrears of pay, pay fixation, seniority, etc. and his suspension, if any, be treated as spent duty for all purposes. Further seeks quashing of the impugned order dated 24.07.2021 of removal from service.

2. Notice issued.

3. Mr.Farman Ali, learned Senior Panel Counsel appears on advance notice and submits that the present petition is not maintainable as the departmental remedies (i.e. appeal and revision) are still available to the petitioner which he has not availed.

4. Accordingly, we hereby dispose of the present petition by giving liberty to the petitioner to file appeal against the impugned order dated 24.07.2021 within two weeks from today and on receipt of the same, the respondents are directed to take the decision therein within the statutory period. The said dec

Click Here to Read the rest of this document