ASST COMDT JAVED ALI (RETD) v. UNION OF INDIA & Ors.
Case at a glance
Outcome
Disposed of
The petition is disposed of in the above terms
Provisions considered
Key paragraphs
- Para 66. In our view, as the said punishment is in challenge before us in form of a separate petition being W.P.(C) 8859/2023, the respondents must in any case decide the Post Confirmation Petition as far as the present proceedings are concerned.
- Para 77. We therefore, direct the respondents to decide on the Post Confirmation Petition of the petitioner within a period of six weeks from today and communicate the decision to the petitioner.
- Para 99. The petition is disposed of in the above terms. NAVIN CHAWLA, J JANUARY 16, 2025/Arya/IK Click here to check corrigendum, if any SHALINDER KAUR, J Digitally Signed By:SUNIL Signing Date:20.01.2025 19:25:15
Judgment
Through: Mr.Ajit Kakkar, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr.Jagdish Chandra, CGSC, GP, Ms.Archana Mr.Shubham Kr. Mishra. Adv. Surve, CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral)
This petition has been filed by the petitioner challenging the Order dated 09.07.2021, passed by the General Security Force Court (in short, ‘GSFC’) finding the petitioner guilty of charges under Section 21(2) and Section 19 (B) of the Border Security Force Act, 1968, and imposing a punishment of ‘to take rank and precedence as if his appointment to the rank of Assistant Commandant bore the date
23.12.2018 instead of 23.12.2013’ and ‘to be severely reprimanded’.
The petitioner has submitted a Post Confirmation Petition dated
02.12.2021 to the respondent no.2, however, the respondent no.2 has failed to dispose of the same. 3.
Issue notice. Notice is accepted by Mr. Jagdish Chandra, the learned counsel Digitally Signed By:SUNIL Signing Date:20.01.2025 19:25:15 for the respondents.
He submits that the Post Confirmation Petition was not decided as in the meantime by an Order dated 06.04.2023, the petitioner in another proceeding of the GSFC had been visited with punishment of dismissal from service.
In our view, as the said punishment is in challenge before us in form of a separate petition being W.P.(C) 8859/2023, the respondents must in any case decide the Post Confirmation Petition as far as the present proceedings are concerned.
We therefore, direct the respondents to decide on the Post Confirmation Petition of the petitioner within a period of six weeks from today and communicate the decision to the petitioner.
In case the petitioner is aggrieved of the same, it shall be open to the petitioner to challenge the same in accordance with the law.
Operative part
The petition is disposed of in the above terms. NAVIN CHAWLA, J JANUARY 16, 2025/Arya/IK Click here to check corrigendum, if any SHALINDER KAUR, J Digitally Signed By:SUNIL Signing Date:20.01.2025 19:25:15
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is disposed of in the above terms
Which court decided this case, and when?
Delhi High Court, on 16 Jan 2025. The bench was NAVIN CHAWLA, SHALINDER KAUR NAVIN CHAWLA, E SHALINDER KAUR NAVIN CHAWLA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.