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2023 DIGILAW 4213 (DEL)

Bhagwan Singh v. Union of India

2023-07-20

MANOJ JAIN, SANJEEV SACHDEVA

body2023
JUDGMENT Sanjeev Sachdeva, J. (Oral) 1. Petitioner impugns the decision of the respondent in denying the benefit of 2nd ACP scheme to the petitioner on completion of 24 years of service. The contention of the respondents in the counter affidavit is that the petitioner is not entitled to the said benefit as he was awarded two punishments in the year 1998-99. 2. Learned counsel for the petitioner submits that as per his instructions, petitioner was not aware of the said punishments. He fairly concedes that so long as the petitioner does not impugn the orders of punishments, he would be disentitled to grant of the 2nd ACP benefit. 3. In view of the fact that the petitioner was awarded the punishments in the year 1998-99 and petitioner has, till date, not impugned the same, the action of the respondent in denying the 2nd ACP benefit to the petitioner cannot be faulted. 4. Accordingly, we find no merit in the petition. The petition is, consequently, dismissed. It of course, would be without prejudice to the rights of the petitioner to impugn the punishment orders in case he was not aware of the same in accordance with law.