Chattisgarh High Court
Aman Keshari Das Security Agency vs Union Of India on 10 March, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 1251 of 2022
Aman Keshari Das Security Agency Through Its Proprietor Retd. Wing
Commander Aman Keshari Dash, Aged About 45 Years , S/o Pradipta
Keshari Das , R/o Fl. No. 201, Jagannath Complex , Pl. No. 582 , Shahid
Nagar, Bhubaneshwar , Khordha, Odisha 751007.
---- Petitioner
Versus
1. Union of India Through The Director General Resettlement,
Department of Ex Servicemen Welfare, Ministry of Defense, West
Block-Iv, R.K. Puram , New Delhi.
2. Directorate Resettlement Zone (Central) Through The Additional
Director, Government of India, Ministry of Defence, C/o Hqs Central
Command, Lucknow 226002
3. Steel Authority of India Limited (SAIL) Through The General
Manager (Personnel), Shed No. 1a, Cez Complex, Bhilai Steel
Plant Bhilai, District Durg Chhattisgarh. 491001.
4. Indian Oil Corporation Limited (LOCL) Through The Station
Manager (Afs), Aviation Fuel Point (AFS) , Swami Vivekanand
Airport Raipur , Iocl, Raipur , District Raipur Chhattisgarh, C.G.
492015.
5. National Thermal Power Corporation Limited (Ntpc) Through The
Deputy General Manager (Hr) , Cgm , Ntpc Talaipalli Coal Mining
Project, Lailunga Road, Gharghoda District Raigarh Chhattisgarh.
496111.
---- Respondents
(Cause-title taken from Case Information System)
For Petitioner : Mr. Jitendra Pali, Advocate.
For Respondent No.1 & 2 : Mr. Ramakant Mishra, Assistant Solicitor
General
For Respondent No. 4 : Mr. Avinash N. Mishra, Advocate.
For Respondent No. 5 : Mr. Aditya Bharadwaj, Advocate.
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Gautam Chourdiya, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
10.03.2022
Heard Mr. Jitendra Pali, learned counsel for the petitioner. Also
heard Mr. Ramakant Mishra, learned Assistant Solicitor General,
appearing for respondents No. 1 & 2, Mr. Avinash N. Mishra, learned
counsel, appearing for respondent No. 4 and Mr. Aditya Bharadwaj,
learned counsel for respondent No. 5.
2. This writ petition is filed against an order dated 18.02.2022,
whereby the petitioner was dis-empanelled under the provisions of Para
17 (b) of Government of India, Ministry of Defence Office Memorandum
No. 28 (75)/2020/D (Res-1) dated 13 May 2021 and Corrigendum thereto
dated 23 June 2021.
3. The petitioner is a security agency, registered under Director
General of Police Resettlement, which is managed by Department of Ex-
Servicemen Welfare. The violations stated to have been established
against the petitioner, as noted in the in the aforesaid order, read as
follows:
"(a) Quoting Service Charge as 8.37% below the
prescribed rate 10% (fixed) {violations of Para 13 (g)
(ii) & 17 (b) (vi) of Govt OM in connection with Para
2 (n) of Min Wage Rate of the Govt}
(b) Non Adherence to the min of Def
Instructions/Norms of Empanelment and functioning
of DGR sponsored Security Agency (violation of
Para 17 (b) (I) of Govt OM.
(c) Non submission of Reports and Returns
{violation of Para 17 (b) (ii). (iv) & (vii)}"
4. A perusal of the aforesaid order itself shows that there is an
Appellate Authority, which is Directorate General of Resettlement.
5. In view of availability of alternative remedy, we are not inclined to
entertain this petition. Reserving liberty to the petitioner to approach the
Appellate Authority, the writ petition is dismissed.
Sd/- Sd/-
(Arup Kumar Goswami) (Gautam Chourdiya)
Chief Justice Judge
Hem
