Laxman Singh v. The Director General Central Reserve Police Force & Ors

JUDGMENT SANJEEV SACHDEVA, J. (ORAL)

¶1Petitioner seeks setting aside orders dated 16.07.2016,

08.12.2016, 13.07.2017, 19.01.2018 and 02.07.2018 whereby the petitioner was dismissed from service. Petitioner also impugns order dated 24.08.2020 whereby his petition styled as 'Mercy Petition' for reinstatement has been rejected.

¶2Learned counsel for the respondent who appears on advance notice submits that the order of dismissal was challenged by the petitioner before the High Court of Allahabad Bench in Writ-A No.

26635 of 2018 which petition was withdrawn on 24.05.2023. She submits that the petition was dismissed as withdrawn without any liberty to file afresh.

¶3Learned counsel for the petitioner submits that petitioner has approached this Court as the 'Mercy Petition' has been rejected.

¶4We notice that petitioner has already exhausted the remedy against his dismissal before the High Court of Allahabad. With regard to the Mercy Petition, we note that it is not a statutory petition and mere rejection of a non-statutory petition styled as a Mercy Petition will not give rise to fresh cause of action to the petitioner to file a fresh petition.

¶5No explanation has also been given by the petitioner as to why petitioner has approached this Court when he had earlier approached the High Court of Allahabad and his petition was dismissed as withdrawn by specifically directing that withdrawal was without any further liberty.

¶6In view of the above, we are of the view that this petition is not maintainable and is consequently dismissed.

SANJEEV SACHDEVA, J

AUGUST 10, 2023/'rs'

MANOJ JAIN, J

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 10.08.2023 + W.P.(C) 10561/2023 LAXMAN SINGH ..... Petitioner versus THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE & ORS. ..... Respondents Advocates who appeared in this case: For the Appellant: Mr. Asish Nischal, Advocate (through VC). For the Respondents: Ms. Shubhra Parashar, Senior Panel Counsel with Mr. Ravindra Vikram and Mr. Virendra Pratap Singh Charak, Advocates. CORAM:- HON'BLE MR. JUSTICE SANJEEV SACHDEVA HON'BLE MR. JUSTICE MANOJ JAIN