Patna High Court
M/S 4823 Birendra Bahadur Pal ... vs The Union Of India on 23 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7370 of 2020
======================================================
M/s 4823 Birendra Bahadur Pal Security Agency, Chandra Bhawan, 301-3rd
Floor, Jagdeo Path, Post- BV College, Police Station- Airport, Patna, through
its Proprietor Lt. Col. Birendra Bahadur Pal, Aged about 58 years, Gender-
Male, Son of Pushkar Singh Pal, Resident of Sri Ram Puram, House No. 47
'B', Sri Ram Puram, Deval Chand Bandobasti, Rampur Road, Tehsil-
Haldwani, District- Nainital, Uttarakhand- 263139.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Department of Ex- Servicemen
Welfare, Ministry of Defence, Government of India, 5-A, South Block New
Delhi- 110011.
2. The Secretary, Department of Ex- Servicemen Welfare, Ministry of Defence,
Government of India, 5-A, South Block New Delhi- 110011.
3. The Deputy Secretary (Res-I) Department of Ex- Servicemen Welfare,
Ministry of Defence, Government of India, 5-A, South Block New Delhi-
110011.
4. The Principal Director (Employment) Directorate General Resettlement,
Ministry of Defence, Government of India, West Block IV, R K Puram, New
Delhi.
5. The Joint Director,, Directorate Resettlement Zone, (Central), Ministry of
Defence, Government of India, Central Command, Lucknow.
6. The State of Bihar through the Controlling Officer, Special Secretary
(Intelligence), Special Branch, Police Headquarters, Patna (Bihar).
7. The Controlling Officer, Special Secretary (Intelligence), Special Branch,
Police Headquarters, Patna (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Advocate
Mr. Sanjeet Kumar, Advocate
For the Respondent/s : Mr. Raj Kamal, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-11-2021
Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:-
(1) for quashing of the disempanelment order dated
31.03.2020 issued under the signature of Joint Director,
Directorate Resettlement Zone (Central), Ministry of Defence,
Patna High Court CWJC No.7370 of 2020 dt.23-11-2021
Government of India, Central Command, Lucknow whereby
and where under petitioner security agency has been
disempanelled under the provisions of para 26 of Ministry of
defence office memorandum for violation of paras 14(a) and
16 of MoD OM No. 28(3)/lD (Res-I) dated 09.07.2012 and it
has further been directed to submit the DGR Empanelement
Certificate in original to this Office at the earliest.
The aforesaid order has been passed without
appreciating the facts and the relevant law involved in the
matter like not giving show cause notice to some of the
charges leveled against petitioner agency as well as the
disempanellement has been ordered by the authority, inferior to
the authority who empanelled him.
At this stage it would be more pertinent to mention
here that order of the disempanellement has been passed, by
the officer, who was transferred and was relieved on same day,
i.e., on the date of his relieving he passed the order with an
intention to harass the petitioner.
(2)Petitioner further prays for a direction upon the
concerned respondent to restore the empanelment of the
petitioner agency with DGR Security Agency scheme and for
any other relief/reliefs, for which this Honble Court may find
fit and proper in the facts and circumstances of the present
case.
Having heard learned counsel for the parties, we are
of the considered view that the order impugned herein dated 31 st
March, 2020 suffers from the vice of not assigning any reason,
sufficient enough for the authority to have formed its opinion,
disempanelling the petitioner for the purposes of providing
security in terms of Empanelment Certificate dated 17.01.2019
(Annexure P/2).
Patna High Court CWJC No.7370 of 2020 dt.23-11-2021
The impugned order dated 31st March, 2020, even
though runs into three pages, refers to certain office orders
alleged to have been violated in terms thereof, breached by the
petitioner but which part of the office order stands breached
cannot be deciphered from the impugned order passed whereby
the petitioner's certificate of empanelment stands cancelled
inasmuch as, the petitioner stands disempanelled.
Shri Ojha, learned counsel appearing for the
petitioner, argues that there is reference of certain alleged
malpractices or breach of the terms of the condition of
empanelment which have also been accounted for by the
authorities while passing the impugned order.
Well on this issue, we do not express any opinion
but on the first count, referred to earlier, we quash and set aside
the impugned order dated 31st March, 2020 (Annexure P/1),
whereby the petitioner stands disempanelled, with a direction
to the appropriate authority to pass a fresh order in accordance
with law after affording adequate opportunity of hearing to the
petitioner. We direct the petitioner to make himself available in
the office of respondent no.4, namely, the Principal Director
(Employment) Directorate General Resettlement, Ministry of
Defence, Government of India, West Block IV, R K Puram, New
Patna High Court CWJC No.7370 of 2020 dt.23-11-2021
Delhi on 06.12.2021 and also place additional materials in
support of his contentions, refuting the charges indicated in the
show cause notice dated 21st December, 2019 (Annexure P/6).
We expect the appropriate authority to pass a reasoned order
assigning reasons within a period of 4 weeks thereafter.
Liberty reserved to the writ petitioner to take recourse
to such remedies as are otherwise available in accordance with
law.
However, it is made clear that this Court has not
expressed any opinion on the merits of the case and all issues of
facts and law are left open.
The writ petition stands disposed of.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/- Ranjan
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.11.2021
Transmission Date NA
