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2015 Supreme(Del) 3537

PRADEEP NANDRAJOG, PRATIBHA RANI
Kulrawat Singh – Appellant
Versus
UOI – Respondent


Advocates:
For the Petitioner: None.
For the Respondents:Ms. Monika Arora, Advocate for UOI with Mr. Abhishek Kumar Chaudhary, Advocate.

JUDGMENT :

Pratibha Rani, J.

1. Striking a balance between discharge of duties as Member of disciplined force and social obligations qua family had always been difficult for the Members of Armed Forces as well Paramilitary Forces. While a long procedure has to be followed for taking leave for attending social obligations, lack of sensitivity on the part of superior officers of forces to take a quick decision on the leave application, sometimes result into a situation in which the writ petitioner found himself when his leave application was neither rejected nor sanctioned to enable him to attend the marriage of his brother-in-law. On the one hand there was a threat of departmental action and disciplinary proceedings for unauthorisedly leaving Todapur Camp. On the other hand his matrimonial life was under threat as his wife had already warned him of serious consequences if he failed to attend the marriage of her brother.

2. Caught in the above situation, though with no previous act of indiscipline ever committed by him, after losing hope of leave being sanctioned to him, he decided to leave the Camp to attend the marriage of his brother-in-law perhaps to save his family life and to avo






























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