Vinod Chandra vs Union of India (UOI) and Others

Sudhanshu Dhulia, J.—Heard Mr. Deep Chandra Joshi, Advocate for the Petitioner and Mr. D.C.S. Rawat, Advocate holding brief of Mr. Vikas Pande, Advocate for the Respondents.

The Petitioner is a Radio Operator in Doon Sanchar Branch, Unit SPT BN of ITBP. He has filed this writ petition with the following prayer:

a) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to send the Petitioner on deputation to the Intelligence Bureau.

b) Issue a writ, order or direction in the nature of mandamus commanding the Respondents in the alternate to discharge the Petitioner from service after conducting medical board from Civil Medical Authorities.

c) Issue any other writ, order or direction which this Hon''ble Court may deem fit and proper in the nature and circumstances of the case.

d) Award the cost of the petition.

No such prayer as made by the Petitioner and referred above can be granted by this Court. The writ petition is absolutely misconceived and is liable to be rejected in limine and is being rejected as such.

At this stage, however the learned Counsel for the Petitioner stated that the Petitioner has made these prayers in the writ petition as he is being continuously harassed in the department, for which representation of the Petitioner is already pending. It has further been submitted by the learned Counsel for the Petitioner that the matter of the Petitioner is under consideration with the Respondent authorities since long but no decision has been taken on it. It is, therefore, directed that the order passed in this writ petition shall not have any effect on the representation presently pending before the concerned authorities as the Respondent may pass an order in their administrative capacity in accordance with law. The Petitioner is at liberty to pursue his representation, which is pending before the concerned authorities.

With the above observations, the writ petition is dismissed in limine.

No order as to costs.