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Delhi High Court - Orders

Lac Deepak Kumar Sanodiya (914065-G) vs Union Of India And Others on 7 January, 2022

Author: Manmohan

Bench: Manmohan, Navin Chawla

                              $~47
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      W.P.(C) 306/2022
                                     LAC DEEPAK KUMAR SANODIYA (914065-G)                   ..... Petitioner
                                                        Through      Mr.Bharat Singh with Mr.Abhay Kant
                                                                     Upadhyay, Advocates.

                                                        versus

                                     UNION OF INDIA AND OTHERS              ..... Respondents
                                                   Through  Ms.Manisha Agrawal, Advocate.

                                     CORAM:
                                     HON'BLE MR. JUSTICE MANMOHAN
                                     HON'BLE MR. JUSTICE NAVIN CHAWLA
                                             ORDER

% 07.01.2022 Present matter has been heard by way of video conferencing.

C.M.No.887/2022

Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of.

W.P.(C) No.306/2022

Present writ petition has been filed challenging the Air Force Instruction No. 01/2019 dated 02nd September 2019 issued by the respondents and declare the same to be ultra vires as violative of Section 191/191A of the Air Force Act, 1950. Petitioner also seeks a direction to the Respondents to discharge the petitioner with immediate effect in accordance with AFI 12/S/48 Corrigenda 15-16 dated 01st October 1979.

Issue notice. Ms.Manisha Agrawal, Advocate accepts notice on Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:09.01.2022 22:41:41 behalf of the Respondents. She prays for and is permitted to file a counter- affidavit within four weeks. Rejoinder-affidavit, if any, be filed before the next date of hearing.

List on 06th July, 2022.

C.M.No.886/2022

By way of present application, the Petitioner seeks a discharge from service.

This Court is of the view that if any interim order is passed, it would amount to allowing the present writ petition. Accordingly, the present application is dismissed.

MANMOHAN, J NAVIN CHAWLA, J JANUARY 7, 2022 KA Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:09.01.2022 22:41:41