Delhi High Court
B.P. Meena Irs (Retd) vs Union Of India And Ors. on 3 July, 2023
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: July 03, 2023
3
+ W.P.(C) 8423/2023 & CM APPL. Nos. 32104/2023 & 32106/2023
B.P. MEENA IRS (RETD) ..... Petitioner
Through: Mr. S. K. Srivastava, Mr. Prince
Kumar and Mr. Aashu Pali,
Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Rakesh Kumar, CGSC with
Mr. Sunil, Advocate for R-1, 2, 3 & 6.
Ms. Anubha Bhardwaj and Mr. Sachin
Singh, Advocates for R-5 / CBI.
Mr. Ravinder Agarwal, Advocate for
R-4 / CVC.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
V. KAMESWAR RAO (Oral)
CM APPL. Nos. 32102/2023, 32103/2023 & 32105/2023
1. Exemptions allowed, subject to all just exceptions.
2. Applications stand disposed of.
W.P.(C) 8423/2023 & CM APPL. Nos. 32104/2023 & 32106/2023
3. The challenge in this writ petition is to an order dated May 17, 2023
passed by Central Administrative Tribunal ('Tribunal' in short) in O.A.
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:05.07.2023
15:19:47
W.P.(C) 8423/2023 Page 1 of 3
No.1406/2023, whereby the Tribunal while dismissing the Original
Application has in paragraph Nos. 13, 14 and 15 has stated as under:
"13.We have taken note of the relied upon judgments by
learned counsel for the applicant, the arguments of
learned counsel for the respondents and the above quoted
judgments of Hon'ble Supreme Court. It is evident that no
final decision has yet been taken in the disciplinary
proceedings against the applicant. In terms of the charge
memorandum issued to the applicant, a departmental
inquiry has already been concluded and further
proceedings are in progress. At this stage, no
interference for judicial review is warranted in the
present O.A. We are of the view that the action of the
respondents in continuing with the disciplinary
proceedings does not suffer from any infirmity or
illegality. The impugned order dated 18.04.2023 is a
reasoned and speaking order and is passed in
accordance with law.
14. It is also observed that in an earlier O.A.
No.3314/2022 filed by the applicant before this Tribunal,
the main relief sought by him was for quashing and
setting aside the impugned charge sheet dated
19.01.2009 and the inquiry report dated 30.06.2022.
Both these points have been raised yet again in the
present O.A.
15. In the abovementioned facts and circumstances, we
are of view that the disciplinary proceedings do not
suffer from any illegality or infirmity and, therefore, no
interference is needed at this stage. The O.A. is thus
devoid of merit and the same is accordingly dismissed.
There shall be no order as to costs."
4. Mr. Rakesh Kumar, appearing for the respondents, states, the final
order in the chargesheet is yet to be passed.
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:05.07.2023
15:19:47
W.P.(C) 8423/2023 Page 2 of 3
5. If that be so, we do not see any reason to interfere with the order
passed by the Tribunal. Suffice to state, liberty is with the petitioner to
challenge the order to be passed by the Disciplinary Authority in accordance
with law. All the pleas of the petitioner with regard to the conduct of the
Disciplinary Proceedings and also with regard to order dated April 18, 2023
are left open.
6. Petition is disposed of. Pending applications also stand disposed of.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J.
JULY 03, 2023/R
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:05.07.2023
15:19:47
