Late Sh. Bel Chand Rana vs Unknown
2021 Latest Caselaw 5044 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                      .

               ON THE 25th DAY OF OCTOBER, 2021

                           BEFORE





         HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

                              &

             HON'BLE MR. JUSTICE SATYEN VAIDYA



         Between:-
                   r        to
               CIVIL WRIT PETITION No.6488 of 2021



         RAKESH KUMAR RANA, SON OF

         LATE SH. BEL CHAND RANA,
         AGED 50 YEARS, RESIDENT OF
         VILLAGE BUSAL, POST OFFICE
         CHHAPROH, TEHSIL BANGANA,
         DISTT. UNA, H.P.                       ......PETITIONER.



         (BY SH. KUL BHUSHAN KHAJURIA, ADVOCATE)




         AND

    1.   UNION OF INDIA, THROUGH





         SECRETARY (DEFENCE), MINISTRY
         OF DEFENCE, NEW DELHI.





    2.   DIRECTOR GENERAL, DEFENCE
         SECURITY CORPS, SOUTH
         BLOCK, AHQ NEW DELHI, 110011.

    3.   INCHARGE, DEFENCE SECURITY
         CORPS RECORDS, MILL ROAD,
         BURNACHERRY POST, KANNUR,
         KERLA 670013.                       ......RESPONDENTS.

         (BY SH. VIR BAHADUR VERMA,
         CENTRAL GOVERNMENT COUNSEL)




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                                                           .
               This petition coming on for admission after





    notice this day, Hon'ble Mr. Justice Tarlok Singh
    Chauhan, passed the following:





                         ORDER

The instant petition has been filed for grant of

the following substantive reliefs:-

"i.

That the impugned communication dated 3.6.2021 contained in Annexure P-5, issued by

respondent No.3 may kindly be quashed and set

aside.

ii. That the respondents may kindly be directed to allow the petitioner to participate in

the Reorientation course of JCOs which is scheduled in the month of December, 2021."

2. The instant petition is clearly not maintainable as

it relates to recruitment to one of the Wings of the Armed

Forces i.e. Director General Defence Security Corps.

3. As per the judgment passed by the Full Bench of

this Court in Arti Gupta vs. State of Himachal Pradesh

and others, 1997 (2) SLR 716, even the matters of

recruitment to a service are to be tried by the Tribunal

constituted for the said purpose.

4. Accordingly, the instant petition is disposed of,

reserving liberty to the petitioner to approach the

.

competent Authority/Tribunal for redressal of his grievance.

5. Pending application, if any, also stands disposed

of.

(Tarlok Singh Chauhan) Judge

25th October, 2021.

                             to          (Satyen Vaidya)
                                              Judge

     (krt)