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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Gulab Chand Yadav – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge of removal order due to absence (Para 1 , 2) |
| 2. claim of mental illness and lack of notice (Para 3 , 4 , 5) |
| 3. delay in seeking relief affects the case (Para 6 , 7) |
| 4. enforcement of rights after unreasonable delay is disfavored (Para 8) |
| 5. dismissal based on delay and latches (Para 9) |
JUDGMENT
Navin Chawla, J. (Oral)
CM APPL. 35429/2021 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 11491/2021
1. This petition has been filed by the petitioner challenging the order dated 14.03.2002 passed by the respondent no.4, ordering removal of the petitioner from service on account of his unauthorized absence from duty, as also praying for a direction to the respondents to allow the petitioner to re-join duty.
2. The petitioner was working as a Constable with the Railway Protection Special Force and was posted at New Delhi. He was allowed to avail 21 days special leave, one day rest and two days commuted leave (CL) with effect from 08.06.2000 to 01.07.2000 and was to resume his duty on 02.07.2000. As he did not do so inspite of several call notices issued to him, upon an ex-parte inquiry, the petitioner was ordered to be removed from service vide impug
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