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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
J.P. Gautam – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's background and timeline of service dismissal (Para 3) |
| 2. arguments regarding the merits of the dismissal (Para 4 , 5) |
| 3. delay and financial implications of reinstatement (Para 6 , 7 , 8 , 9 , 11 , 12) |
| 4. precedent cases and their relevance to the current matter (Para 10 , 13) |
| 5. dismissal of the petition based on laches and delay (Para 14) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Rajiv Sahai Endlaw, J.
CM No.24247/2021(for exemption)
1. Allowed, subject to just exceptions and as per extant Rules.
2. The application is disposed of.
W.P.(C) 7769/2021
3. The petitioner, enrolled as a Constable in respondent Central Industrial Security Force (CISF), was removed from service on 21st November, 2000. The petitioner filed Writ-A No. 6726/2001 before the High Court of Judicature at Allahabad, but on 10th January, 2019 withdrew the same, stating that against the order dated 21st November, 2000 of his removal, he had alternative statutory remedy provided under Rule 49 of CISF Rules, 1969 and wanted to avail of the same. The writ petition was accordingly dismissed as withdrawn with liberty to avail of the remedy under Rule 49 supra. The petitioner, after waiting for ne
The court emphasizes that significant delays in pursuing remedies may result in dismissal of claims based on laches and waiver of rights, particularly in employment disputes.
Point of Law : Service Law - Removed from service - A service personnel cannot be permitted to so keep his claim alive by filing misconceived proceedings and after long withdrawing same.
Natural justice mandates fair hearing in disciplinary proceedings, but inordinate delays can result in dismissal of petitions due to laches.
The Court upheld the penalty of removal from service based on the petitioner's admission of charges, failure to submit written explanations, and the consideration of the petitioner's previous conduct....
The court upheld the dismissal of a constable for misconduct, emphasizing the importance of timely appeals and the supervisory nature of certiorari under Article 226.
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