Delhi High Court
Rakesh Kumar Sharma vs Union Of India & Anr. on 24 February, 2023
NEUTRAL CITATION NUMBER: 2023/DHC/001482
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 24th February, 2023
+ W.P.(C) 2375/2023
RAKESH KUMAR SHARMA
..... Petitioner
Through: Ms. Pulak Gupta and Mr. Sachin
Mittal, Advocates.
versus
UNION OF INDIA & ANR.
..... Respondents
Through: Mr. Bhagvan Swarup Shukla CGSC
along with Mr. Sarvan Kumar GP and
Sh. Paramveer Singh AC (Law), BSF.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
CM APPL. 9078/2023 (Seeking Exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of
CM APPL.9079/2023 (Seeking Exemption)
3. Allowed, subject to just exceptions.
4. The application is disposed of.
W.P.(C) 2375/2023
5. A petition under Article 226 and 227 of the Constitution of India has
been filed by the petitioner seeking the following reliefs :
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:01.03.2023
16:17:17
NEUTRAL CITATION NUMBER: 2023/DHC/001482
" a.) To issue a writ in the nature of Mandamus or
any other writ/order/direction directing the
Respondents to comply with the order dated
24.07.2012 passed by this Hon'ble Court in Writ
Petition(C) 2121/1998 (ANNEXURE P1) in true and
fair manner and conduct proper DPC for the
Petitioner as per the rules for promotion from Dy.
Commandant to the rank of Second-in-command in
terms of order dated | 24.07.2012 and accordingly
grant him all the consequential benefits as has been
done in case of similarly situated person namely Sh.
Madhu Sudan Sharma and Sh. Indra Kumar Mehta
vide order and judgment dated 28.07.2011 passed by
this Hon'ble Court in W.P.(C) 8709/2010 and
7241/2001 titled as 'Indra Kumar Mehta V Union of
India & Ors." and "Sh. Madhu Sudan Sharma vs
Union of Induia and Ors." respectively.
(ANNEXURE P12);
b.) Award Rs. 20 Lacs as cost of litigation in
Hon'ble High Court and Hon'ble Supreme Court
since 1998 i.e. filing of W.P.C) No. 2121/1998 till
disposal of this Writ Petition;
c.) To issue any other relief and further relief to the
Petitioner in the interest of justice which this
Hon'ble Court may deem fit and proper in the light
of the above facts and circumstances."
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:01.03.2023
16:17:17
NEUTRAL CITATION NUMBER: 2023/DHC/001482
6. For the aforesaid reliefs, the petitioner has filed representation dated
20.12.2019 and thereafter on 06.04.2022. However, the said representations
are still pending for decision.
7. We hereby dispose of the present petition directing the respondents to
decide the aforesaid representations of the petitioner in terms of the Order
dated 24.07.2012 passed by this Court in W.P (C) 2121/1998 with reasoned
order within four weeks and communicate the decision to the petitioner
within one week thereafter.
8. Needless to say that if the petitioner is still aggrieved with the
decision of the respondents, he may challenge the same before the
appropriate Forum.
9. The petition is disposed of accordingly.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
FEBRUARY 24, 2023/va
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:01.03.2023
16:17:17
