2025 Supreme(Online)(Del) 9846
IN THE HIGH COURT OF DELHI AT NEW DELHI
CHHATTAR SINGH – Appellant
Versus
UNION OF INDIA & ANR. – Respondent
W.P.(C)-8626/2022
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* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 03.11.2025 Judgment pronounced on: 03.12.2025 + W.P.(C) 8626/2022 CHHATTAR SINGH .....Petitioner Through: Mr. Manoj V George, Ms. Shilpa Liza George, Ms. Brinda Bhattiprolu, Advs.
Versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Raj Kumar, CGSC with Mr. Vinod Sawant, Law Officer, Insp Athurv, Mr.
Inderpal and Mr. Ramniwas Yadav, CRPF.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA % JUDGMENT
03.12.2025 OM PRAKASH SHUKLA, J.
1.
The present writ petition has been filed under Article 226 of the Constitution of India vide which the petitioner seeks:
a) “Quash and set aside the impugned order dated 06.03.2020 with respect of the “Stoppage of next increment for a period of five years with cumulative effect” and in lieu of that restore the next increment of the Petitioner; and with respect of considering the period spent from 01.05.2019 (afternoon) till the date of reinstatement/reporting as PERIOD NOT SPENT ON DUTY and in lieu of that consider the aforesaid period as PERIOD SPENT ON DUTY; and b) Issue a Writ of Mandamus or any other direction to the Respondents to provide the full pay and benefits that were denied to the Petitioner during his period of suspension and compulsory retirement; and c) Issue a Writ of Mandamus or any other direction to the Respondents to make available all the medical records of the Medical Board with respect to the Petitioner; and d) Issue a Writ of Mandamus to the Respondent to implement the provisions of the Mental Healthcare Act, 2017 in the Force; and e) Pass any other order or direction as this Hon’ble Court may deem fit and proper to do so in the facts and circumstances of the case in favour of the Petitioner and against the Respondents.”
2.
The facts leading to the present petition are that on 29.07.2018, the petitioner, while on attachment with the 122 Battalion Signal Platoon (5 Signal Battalion CRPF) was sent for the Annual Range Classification Firing at the Ferozpur-Jhirka Firing Range for communication duties. Respondent No.2 alleged absence of the petitioner from the designated duty area and carriage of radio equipment without permission. It was also alleged that the petitioner had spent time at the Outpost of 27 Battalion and that, after returning to the Butt Range, he was behaving with indiscipline and insubordination with the Range Officer. The petitioner was also accused of failing to carry two sets of 1/5 W radio sets to the firing range as a result of which he was punished by being made to stand under the sun before the Office for a period of almost four hours.
3.
The petitioner, consequent on the above punishment, submitted a written complaint dated 30.07.2018 and in response to this complaint, the Commandant 122 Battalion issued a warning letter dated 30.07.2018 stating that the petitioner had refused to obey the orders of the Head of Office and had failed to follow CRPF Rules and Guidelines.
Following this incident, a behaviour report also came to be recorded. Thereafter, the petitioner was directed to report to the Commandant 05 Signal Battalion, CRPF, Chandigarh.
4.
Thereafter, on 20.10.2018, while the petitioner was on duty at Chandigarh, an incident occurred between the petitioner and a superior officer, whereby it was alleged that the petitioner had disobeyed the orders of HC/GD Deedar Singh who lodged a written complaint, upon perusal of which the Insp/RO (Subedar Major) Nand Ram called the petitioner. A conversation ensued during which it is alleged that a scuffle took place where (Subedar Major) Nand Ram raised his hand to attack the petitioner and the petitioner allegedly pushed the Subedar Major in self-defence resulting in the Subedar Major falling down and injuring the side of his right eye, pursuant to which a suspension order dated 20.10.2018 was issued against the petitioner.
5.
Thereafter, on 25.10.2018, a Memorandum of Charge was issued to the petitioner initiating discipl