Delhi High Court
Chander Shekhar Mishra vs Union Of India & Ors. on 8 January, 2024
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: January 08, 2024
+ W.P.(C) 15499/2023
CHANDER SHEKHAR MISHRA ..... Petitioner
Through: Mr. Abhay Kumar Bhargava, Mr.
Satyarth Sinha and Ms. Chandana
Debrath, Advocates
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Rahul Sharma, CGSC with Mr.
Rishabh Dubey, GP and Mr. Angad
Gautam, Advocates for UOI.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
V. KAMESWAR RAO, J. (ORAL)
1. The petition has been filed by the petitioner with the following
prayers:
"It is, therefore, humbly prayed that this Hon'ble Court
may please to allow this writ petition and may further be
please to:
i. Issue a writ of mandamus or any other order, writ or
direction of the same nature thereby directing the DG BSF
to extent the benefits of 1st financial up gradation to the
petitioner under the MACP scheme after completion of 10
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years of regular service with all the consequential benefits.
ii. Issue a writ of Mandamus or any other appropriate writ,
order or direction, thereby directing the Commandant 109
BN BSF i.e Respondent No. 4 to forward the rectified
service record of the petitioner to the Commandant 162 BN
BSF i.e. Respondent No 5.
iii. Issue a writ of Mandamus or any other appropriate writ,
order or direction, thereby directing the Chief Law Officer
FHQ CGO New Delhi i.e. Respondent No. 3 to supply a
copy of the punishment order issued to the petitioner during
the period ending 31.03.2020 and the relevant proceedings
out of which the punishment order was issued.
iv. Pass any other order in the interest of Justice."
2. Learned counsel for the petitioner states that as of now he shall press
the prayer iii which reads as under :
"iii. Issue a writ of Mandamus or any other appropriate
writ, order or direction, thereby directing the Chief Law
Officer FHQ CGO New Delhi i.e. Respondent No. 3 to
supply a copy of the punishment order issued to the
petitioner during the period ending 31.03.2020 and the
relevant proceedings out of which the punishment order
was issued."
3. Learned counsel for the petitioner also submits that in support of
prayer iii, the petitioner is ready to make a representation to the respondents
for providing him the proceedings of the summary trial including the copy
of the punishment order passed against the petitioner which resulted in his
detention for a period of 28 days.
4. If that be so, let representation be made within a period of one week
from today. The same shall be considered by the respondents who shall pass
a reasoned order within four weeks as an outer limit thereafter.
5. It goes without saying, if the petitioner is aggrieved by the order to be
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passed by the respondents, he shall be at liberty to seek such remedy as
available in law.
6. The petition is disposed of.
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
JANUARY 8, 2024/So
Signing Date:09.01.2024 W.P.(C) 15499/2023
19:00:29
