Can I file Writ Petition in Delhi High Court at this situation

[Prince Kolkata]

I lodged whistleblower complain in CVC. CVC asked CVO to investigate. Accused accessed my complain; filed false FIR; dismissed me from service on knowing my identity.I want to know that can I file writ petition in Delhi High Court by challenging the punishment order imposed on me by my PSU Bank in my Dismissal Order along with praying Delhi High Court for quashing of FIR including false chargesheet of Police Station after 2 years? or I have to wait until trial gets completed in lower court.

[Dr. Ashok Dhamija]

If you can show that the FIR was registered falsely (i.e., the facts mentioned in the FIR are false) and that it was registered only because you acted as a whistleblower, it should be possible to file a writ petition in the high court challenging the FIR and your dismissal.

In the normal circumstances, the high court would not entertain a petition challenging registration of FIR. But, in certain exceptional situations, it may entertain such petition. So, if you are sure about your facts, you can try filing writ petition in the high court.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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