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2014 Supreme(Del) 1890

KAILASH GAMBHIR, NAJMI WAZIRI
Abrar Ali – Appellant
Versus
Cisf – Respondent


Advocates Appeared:
For the Petitioner:Dr. L.S. Chaudhary, Advocate.
For the Respondents:Geeta Sharma, & Ishan Sanghi, Advocates.

Judgment :

Kailash Gambhir, J. (Oral):

1. The petitioner has filed the instant writ petition under Article 226 of the Constitution of India feeling aggrieved by the order dated 28.11.2000 passed by the Disciplinary Authority thereby directing his dismissal from the Forces with immediate effect. The petitioner has also assailed the order dated 01.02.2001 passed by the Appellate Authority rejecting his appeal against the order of the Disciplinary Authority and order dated 31.12.2010 passed by the Revisional Authority whereby his revision petition was dismissed.

2. The petitioner was posted as a Constable in CISF, BCCL Unit, Dhanbad. He proceeded on a 2 days’ casual leave from 12.08.1999 to 13.08.1999 to attend to his domestic problem, and his 2 days’ casual leave was duly sanctioned by the sanctioning authority. The petitioner was to join back on duty on 16.08.1999 as 14.08.1999 was a holiday because of it being a second Saturday and the next being Independence day, it was thus a national holiday. As per the petitioner, he could not join back on duty as he fell ill after reaching the place of his service at Dhanbad where he remained under the treatment of Dr. M. Singh from 15.08.199


























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