Delhi High Court
Faquir Chand vs Union Of India & Ors. on 24 August, 2017
2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6832/2017
Date of decision: 24th August, 2017
FAQUIR CHAND ..... Petitioner
Through: Mr.Rajeev Anand, Adv.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr.Manish Mohan, CGSC with
Ms.Manisha Saroha, Adv. for Mr.Vivek Kumar
Singh, Law Officer, CRPF, UOI
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE NAVIN CHAWLA
SANJIV KHANNA, J. (Oral)
The petitioner has approached this Court impugning notice
dated 30th May, 2017.
2. Notice dated 30th May, 2017 is in the nature of a show cause
notice as to why the petitioner should not be reverted to the rank of
Inspector (GD). The petitioner was asked to submit reply within
one month of the notice. Reply has been submitted by the
petitioner but no final order has been passed till today.
3. The petitioner was promoted to the post of Assistant
Commandant on 4th September, 2007, which is almost 10 years
back.
WP(C) 6832/2017 Page 1
4. In the show cause notice, it was stated that the petitioner's
probation period was extended on four occasions as he was in lower
medically category. In light of the administrative instructions, on
unsatisfactory completion of probation, the petitioner would have to
be reverted to the rank of Inspector.
5. Normally, Courts do not interfere at the Show Cause Notice
stage for no final order or direction is issued and the matter is under
consideration. In the present case for the aforesaid reasons, we
would not like to interfere with the show cause notice issued to the
petitioner as the matter is still to be finally examined and decided
by the authorities.
6. However, the contention of the petitioner is that he would be
immediately reverted to the post of Inspector, if and in case of an
adverse order. That would be a normal and natural consequence
when an adverse order is passed.
7. We had on the last date of hearing called upon the counsel
for the respondents to obtain instructions whether a statement could
be made that the respondents would give 15 days time to the
petitioner before reverting him to the rank of Inspector if an adverse
order is passed.
8. Counsel for the respondents states that they are not in a
position to make a statement as this is not permissible vide the
service rules and administrative instructions. However, Court
order, if deemed appropriate, may be passed.
WP(C) 6832/2017 Page 2
9. Keeping in view the aforesaid position, we are of the opinion
that the respondents must decide the show cause notice as
expeditiously as possible. In case adverse order against the
petitioner is passed, he would be entitled to challenge the same in
accordance with law. However, if an adverse order is passed, the
same would not be given effect for a period of 7 days. We have
passed the said order in view of the peculiar facts of the case as the
petitioner was promoted as Assistant Commandant in 2007 and has
remained on the said rank for 10 years.
10. We also clarify that while examining case and issuing the
aforesaid direction, we have not commented and expressed any
opinion on merits, as the authorities have to decide the show cause
notice. In case, fresh writ petition is filed, the present order would
not be treated as an order expressing any opinion.
11. With the aforesaid direction and observation, the writ petition
is disposed of, without any order as to costs.
SANJIV KHANNA, J
NAVIN CHAWLA, J
AUGUST 24, 2017
RN
WP(C) 6832/2017 Page 3
