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2026 DAILYLAW 16127 (DEL)

DY COMDT GAURAV ACHARYA v. UNION OF INDIA & ORS.

W.P.(C)/11762/2026 · 2026-08-14

Amit Sharma, Nitin Wasudeo Sambre

Writ Petition (Civil)body2026

Judgment text

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$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010377712026 + W.P.(C) 11762/2026 & CM APPL. 54360/2026 DY COMDT GAURAV ACHARYA .....Petitioner Through: Mr. Puru Mudgil, Mr. Tushar Sharma, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Shubhra Parashar, SPC with Mr. Rahul Samber, GP CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 14.08.2026 1. The petitioner sought discharge from the services of the Indian Coast Guard, on compassionate grounds, under the provision of Rule 27 of the Coast Guard (General Rules), 1986 which came to be rejected vide the impugned order dated 19th May, 2026. 2. On advance notice, Ms. Shubhra Parashar, learned SPC appears for the respondent assisted by the Commandant. 3. It is brought to our notice that not only the Commandant, but also the DIG, recommended the case of the petitioner. However, without dealing with the same, the impugned one-line order came to be passed, thereby rejecting the request of the petitioner. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:51:26 4. In our opinion, when there are recommendations by two authorities qua the discharge, it is expected of the respondents to deal with the same and pass a speaking order in the matter. 5. That being so, we deem it appropriate to allow the petition by quashing the impugned order dated 19th May, 2026. 6. We direct the competent authority to look into the request of the petitioner for discharge, and to have regard of the recommendations by both the authorities qua the prayer for discharge moved by the petitioner, and take a decision by passing a speaking order which shall be communicated to the petitioner within a period of six weeks from today. 7. We further make it clear that the additional representation that shall be submitted by the petitioner within four days from today along with the medical documents, if any, shall also be considered by the competent authority. 8. Pending application also stands disposed of. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J AUGUST 14, 2026/DM/GS This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:51:26