Laxman Singh vs The Director General Central ...
2023 Latest Caselaw 3390 Del

                          $~50
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                              Judgment delivered on: 10.08.2023
                          +                    W.P.(C) 10561/2023

                          LAXMAN SINGH                                            ..... Petitioner
                                                    versus

                          THE DIRECTOR GENERAL CENTRAL RESERVE
                          POLICE FORCE & ORS.               ..... Respondents
                          Advocates who appeared in this case:
                          For the Appellant:        Mr. Asish Nischal, Advocate (through VC).
                          For the Respondents:      Ms. Shubhra Parashar, Senior Panel Counsel with
                                                    Mr. Ravindra Vikram and Mr. Virendra Pratap
                                                    Singh Charak, Advocates.
                          CORAM:-
                          HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                          HON'BLE MR. JUSTICE MANOJ JAIN
                                       JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks setting aside orders dated 16.07.2016, 08.12.2016, 13.07.2017, 19.01.2018 and 02.07.2018 whereby the petitioner was dismissed from service. Petitioner also impugns order dated 24.08.2020 whereby his petition styled as 'Mercy Petition' for reinstatement has been rejected.

2. Learned counsel for the respondent who appears on advance notice submits that the order of dismissal was challenged by the petitioner before the High Court of Allahabad Bench in Writ-A No.

Signature Not Verified Digitally Signed

Signing Date:14.08.2023 15:02:27 26635 of 2018 which petition was withdrawn on 24.05.2023. She submits that the petition was dismissed as withdrawn without any liberty to file afresh.

3. Learned counsel for the petitioner submits that petitioner has approached this Court as the 'Mercy Petition' has been rejected.

4. We notice that petitioner has already exhausted the remedy against his dismissal before the High Court of Allahabad. With regard to the Mercy Petition, we note that it is not a statutory petition and mere rejection of a non-statutory petition styled as a Mercy Petition will not give rise to fresh cause of action to the petitioner to file a fresh petition.

5. No explanation has also been given by the petitioner as to why petitioner has approached this Court when he had earlier approached the High Court of Allahabad and his petition was dismissed as withdrawn by specifically directing that withdrawal was without any further liberty.

6. In view of the above, we are of the view that this petition is not maintainable and is consequently dismissed.

                                                                       SANJEEV SACHDEVA, J


                          AUGUST 10, 2023/'rs'                                   MANOJ JAIN, J



Signature Not Verified
Digitally Signed

Signing Date:14.08.2023
15:02:27