RANVEER PRATAP SINGH BUNDELA  Vs UNION OF INDIA AND ANR -Judgment by Delhi High Court

$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: January 20, 2023
+ W.P.(C) 741/2023, CM APPL. 2861/2023, CM APPL. 2862/2023
RANVEER PRATAP SINGH BUNDELA ….. Petitioner
Through: Petitioner in person with counsel (Name not given)
versus

UNION OF INDIA AND ANR …. Respondents
Through: Mr. Subhash Tanwar, CGSC with Mr. Sandeep Mishra, Mr. Ashish Choudhary and Mr. Yash Tandon, (GP), Advocates
Mr. Govind Yadav, Asst. Commandant, ITBP
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)
1. Vide the present petition, the petitioner seeks following relief(s):
�a. Quash order dated 28.07.2022 issued by the respondent no.2 transferring the Petitioner from ITBP Academy Mussoorie to I 6BN Leh and subsequent proceeding culminated into constitution of Court of enquiry and issued summon dated 07.12.2022.
b. Directing respondent no. 2 to immediately release the Pay and allowances of the petitioner which are withheld arbitrarily by the department since October 2022.
c. Pass any such orders as the Hon’ble Court may deem fit and proper in the facts and circumstances of the case.�

2. During arguments, learned counsel for petitioner, on instructions from petitioners who is present in Court, has informed this Court that pursuant to detachment order dated 14.01.2023 passed by the Ministry of Home Affairs, petitioner has already reported at Head Quarter, ITBP on 17.01.2023.
3. This Court is informed by the learned CGSC for respondents that vide order dated 29.12.2022, Court of Inquiry against the petitioner has been concluded and he has been found guilty and disciplinary action is contemplated.
4. Accordingly, prayer (a) of the present petition has become infructuous.
5. Regarding prayer (b) of the present petition, it has not been disputed by the respondents that the petitioner has reported at Head Quarter, ITBP on 17.01.2023.
6. In view of above, we hereby direct the respondents to pay the salary and other allowances due till date to the petitioner as mentioned in the detachment order dated 14.01.2023 within one week from today.
7. Needless to state that if the petitioner feels aggrieved by the order dated 29.12.2022 passed in Court of Inquiry, he may challenge the same before the appropriate forum as per law.
8. With the aforesaid directions, the present petition along with pending applications stand disposed of.
Copy of this order be given dasti under the signatures of Court Master.
(SURESH KUMAR KAIT)
JUDGE

(NEENA BANSAL KRISHNA)
JUDGE
JANUARY 20, 2023/rk
Neutral Citation Number: 2023/DHC/000436

W.P.(C) 741/2023 Page 1 of 2