Anup Singh vs Director General Bsf & Anr.
2010 Latest Caselaw 4132 Del

19
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       W.P.(C)No.6053/2010

                                 Date of Decision : 7th September, 2010
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      ANUP SINGH                                 ..... Petitioner
                           Through : Mr. F.K. Jha, Adv.

                      versus

      DIRECTOR GENERAL BSF & ANR.     ..... Respondents
                   Through : Mr. Jatan Singh and
                             Mr. Ashok Singh, Advs.

CORAM :-
HON'BLE MS. JUSTICE GITA MITTAL
HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may           NO
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?          NO

3.      Whether the judgment should be                  NO
        reported in the Digest?

GITA MITTAL, J. (Oral)

1. By way of this writ petition, the petitioner assails the

order of the Commandant of the Border Security Force for

charges under Section 7 of the Prevention of Corruption Act.

Having been found guilty of all charges levelled against him on

6th May, 2006, the punishment of dismissal from service was

imposed upon the petitioner.

2. Aggrieved by this order of dismissal, the petitioner had

filed an appeal on 27th August, 2006. While maintaining the

finding of petitioner's guilt, the appellate authority passed an

order dated 27th November, 2006 reducing his punishment and

directing the petitioner's reinstatement with commutation of

the dismissal to that of reduction to the rank of Constable.

Consequent upon his reversion, refixation of his pay was also

directed.

3. The petitioner's revision against the order of dismissal as

well as appellate order dated 27th November, 2006 was

rejected by an order passed on 27th November, 2008. The

petitioner assailed all these orders by way of writ petition

bearing WP(C)No.13462/2009. After detailed consideration, all

appeals/challenges raised by the petitioner were rejected by

this court and the writ petition was dismissed by an order

passed on 27th November, 2009.

It is an admitted position before us that the petitioner

does not have any further statutory remedy available to him.

The order of this court dated 27th November, 2009 was also not

assailed by way of any further proceedings and has attained

finality.

4. The petitioner is stated to have taken voluntary

retirement from service on 31st July, 2010. The petitioner has a

grievance that the order dated 27th November, 2006 did not

stipulate the period for which the petitioner would remain

reverted and when he would have become entitled for

consideration for promotion to the rank of Head Constable. It is

submitted that the petitioner was entitled to the benefits of the

service which he had already undergone.

The present writ petition has been filed aggrieved by the

fact that the respondents have failed to consider this aspect of

the matter and no orders have been passed on his

representation dated 3rd April, 2010.

5. It is submitted by Mr. Jatan Singh, learned Standing

Counsel for the respondents that in view of the above

grievance of the petitioner, and limited to this aspect, the

respondents shall consider the representation dated 3rd April,

2010 of the petitioner and expeditiously pass orders thereon.

6. This writ petition and application are accordingly disposed

of in view of the statement made by learned counsel for the

respondents with a direction that the respondents shall

consider the representation dated 3rd April, 2010 limited to the

above extent and pass orders thereon within a period of eight

weeks from today, which shall be communicated to the

petitioner. The petitioner shall be at liberty, if still aggrieved

thereby, to assail the order which is passed.

7. Dasti.

GITA MITTAL, J

J.R. MIDHA, J SEPTEMBER 07, 2010 mk