CT/CD SIDDANT SINDHU v. UNION OF INDIA AND ORS.
The petitioner through the current petition sought the Court to pass a writ of certiorari to set aside order no. CISF/DMRC/VIOLET-II/DSIC/UR 37/S.S/2022-2235 dated 23.07.2022. Followed by a writ of Mandamus Or any Appropriate Writ, Order of Direction Directing the Respondents not to take any further adverse action against the Petitioner. Matter before the HON’BLE MR. JUSTICE SURESH KUMAR KAIT and HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA.
FACTS OF THE CASE
Learned counsel appearing for the respondents on advance notice informed the Court that against the order of 23.07.2022, the petitioner had filed appeal in September, 2022. This appeal was still pending for consideration, thus the counsel for the respondent contend that the current petition was premature.
Learned counsel appearing for the petitioner did not dispute the filing of the appeal by the petitioner. She submitted that the mentioned appeal had been returned through order of 21.11.2022. A Show-cause Notice on 21.12.2022 had been issued against the petitioner.
The Court considering the decisions taken through order of 21.11.2022 and order of 15.12.2022 stated that they were not proper and not as per law. The ground for the reasoning being that if the petitioner had made an Appeal which was not before the Competent Authority, it was the duty of the respondents to send the said appeal to the Competent Authority.
The Court accordingly decided to dispose of the current petition directing the respondents to send the appeal of the petitioner to the Competent Authority and the said Authority would decide the same within four weeks from 17-2-2023.
The Court, pursuant to the appeal filed by the petitioner made it clear that no coercive steps would be taken against the petitioner. Thus, disposing the current petition.
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JUDGEMENT REVIEWED BY ADITYA G S.