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2023 Supreme(Del) 563

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Raju Jat – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Ms. Eshna Kumar, Mr. Udit Gupta, Mr. Anup Jain & Mr. Aditya Maheshwari, Advocates
Mr. Vikrant N. Goyal, Ms. Ayushi Garg & Ms. Tesu Gupta, Advocates Inspector Sanjay Kumar & Sub Inspector Prahlad Devenda for CISF

JUDGMENT :

(Suresh Kumar Kait, J.) : —

The petitioner, who is working as ASI/Exe in Central Industrial Security Force (‘CISF’) and posted at Mumbai Airport, has filed the present petition seeking setting aside of order dated 17.07.2018 passed by respondent No. 4-Senior Commandant, CISF; order dated 24.10.2018 passed by respondent No. 3-Deputy Inspector General (DIG), CISF and order dated 22.03.2019 passed by respondents No. 2-Inspector General (IG), CISF.

2. The rationale behind the aforesaid orders is that on 08.02.2018 petitioner had applied for earned leave w.e.f. 20.02.2018 till 06.03.2018 on the ground of his engagement. The competent authority vide communication dated 09.02.2018 asked the petitioner to apply for leave under casual leave category instead of earned leaves. The petitioner claims to have accordingly modified his leave application on 10.02.2018 and applied for casual leave for the aforesaid period. The petitioner claims to have booked flight ticket in advance on the said day i.e. 10.02.2018 from Chennai to Jaipur for 19.02.2018 with return flight 06.03.2018.

3. The petitioner is aggrieved that the competent authority instead of any assurance to grant leave, issued a

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