Karnataka High Court
Jitendra Prasad S/O Sinhasan Prasad vs The Air Officer Commanding And Ors on 10 January, 2024
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NC: 2024:KHC-K:422
WP No. 202036 of 2016
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 202036/2016 (S-DIS)
BETWEEN:
JITENDRA PRASAD S/O SINHASAN PRASAD
AGE: 39 YEARS, OCC: RETD. SERGENT,
INDIAN AIR FORCE
C/O VISHWANATH GADA
#19-5-383/1, SHIV NAGAR NORTH,
BIDAR-585401.
...PETITIONER
(BY SRI SACHIN M. MAHAJAN, ADVOCATE)
Digitally signed
by
KHAJAAMEEN L
MALAGHAN AND:
Location: High
Court of
Karnataka
1. THE AIR OFFICER COMMANDING
AIR FORCE STATION,
BIDAR-585401.
2. THE CHIEF OF AIR STAFF
AIR HEADQUARTER
VAYU BHAWAN
NEW DELHI-110106.
-2-
NC: 2024:KHC-K:422
WP No. 202036 of 2016
3. THE UNION OF INDIA
BY ITS SECRETARY
MINISTRY OF DEFENSE
SOUTH BLOCK,
NEW DELHI-110011.
...RESPONDENTS
(BY SRI SUDHIRSINGH R. VIJAPUR, DSG)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
i) ISSUE A WRIT OR ORDER OR DIRECTION IN THE
NATURE OF CERTIORARI AND QUASH THE DISCHARGE
ORDER BEARING NO. RO/2504/2/RW(Dis) DATED
22.05.2014, PRODUCED AS ANNEXURE-B AND
CONSEQUENTLY REINSTATE THE PETITIONER TO
SERVICE. ii) ISSUE ANY SUCH WRIT OR ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENTS TO EXTEND ALL THE SERVICE
BENEFITS INCLUDING PROMOTION AND OTHER
CONSEQUIENTIAL BENEFITS TO WHICH THE PETITIONER
IS ENTITLED TO.
THIS PETITION COMING ON FOR DISMISSAL, THIS
DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
The present writ petition is filed seeking the following
reliefs.
i) Issue a writ or order or direction in
the nature of certiorari and quash the
discharge order bearing No.
RO/2504/2/RW(Dis) dated 22.05.2014
NC: 2024:KHC-K:422
which is produced as Annexure-B and
consequently reinstate the petitioner
to service.
ii) Issue any such writ or order or
direction in the nature of mandamus
directing the respondents to extend
all the service benefits including
promotion and other consequential
benefits to which the petitioner is
entitled to, in the facts and
circumstances of the case.
2. When the matter came up for hearing, the
learned counsel appearing for the writ petitioner submits
that the discharge orders are dated 28.05.2010 and
07.06.2010 and questioning those two orders, petitioner
has filed WP No.81669/2010 and the said writ petition
came to be dismissed on 27.03.2014. Aggrieved thereby,
the writ petitioner has filed WA No.200367/2014 and it
was also dismissed on 30.04.2014. Thereafter, the matter
was carried to the Supreme Court, the Supreme Court in
SLP No.13041/2014 vide order dated 16.05.2014 affirmed
the orders passed by the High Court. In view of the stay
orders the petitioner was continuing in service and
NC: 2024:KHC-K:422
thereafter the present order impugned in the writ petition
dated 22.05.2014 is passed. As the petitioner had lost the
case till the Supreme Court against the discharge orders,
now he cannot assail the same order in this writ petition.
3. In view of the same, the present writ petition is
dismissed in the light of the earlier orders passed by this
court and the Hon'ble Apex Court.
Sd/-
Judge
SBS
