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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Afroz Khan - Appellant
Versus
Union of India - Respondent
W.P.(C) 14825 of 2021
Decided On : 22-12-2021
| Table of Content |
|---|
| 1. writ petition challenging father's dismissal. (Para 1) |
| 2. arguments regarding dismissal and mental illness. (Para 2 , 3) |
| 3. court's view on challenge and evidence. (Para 4) |
| 4. writ petition dismissed for lack of merit. (Para 5) |
JUDGMENT
Manmohan, J. (Oral)
C.M.No.46711/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) 14825/2021
1. Present writ petition has been filed challenging the dismissal of Petitioner's father from the CRPF on 09th October, 1993. Petitioner also seeks directions to the Respondents to consider the Petitioner's representation dated 04th December 2017 for grant of pensionary and other benefits to the petitioner's mother as well as for appointment of Petitioner on compassionate ground.
2. Learned counsel for the Petitioner states that the Petitioner's father was dismissed from CRPF w.e.f. 09th October 1993, due to the mental illness of Chronic Schizophrenia. He states that the Petitioner's father was dismissed without conducting a fair enquiry and on the grounds of overstaying leave. He points out that the Respondents failed to acknowledge the mental illness of the Petitioner's father while passing the dismissal order against him.
3. He states that the Petitioner's mother preferred a representation dated 31st August 1995 seeking her compassionate appointment. However, the Respondents communicated vide response dated October 1997, that since the Petitioner's father was dismissed from service after a departmental enquiry, it was not possible to consider her for compassionate appointment.
4. Having heard learned counsel for the Petitioner and having perused the paper book, this Court is of the view that the Petitioner's cannot challenge the dismissal order of his father after lapse of more than twenty eight years. Further, the alibi of the Petitioner that his father was mentally disturbed when he was removed from service in 1993 does not inspire confidence, as the Petitioner was born (according to the affidavit in support of the petition) after the date of his father's dismissal from service. In any event, the Petitioner's case that his father was mentally disturbed on the date of his dismissal is not supported by any contemporaneous document.
5. Consequently, the present writ petition being bereft of merit is dismissed both on account of delay, laches as well as merit.
A writ petition challenging a dismissal order is subject to delay and lack of merit, particularly when filed decades after the event without substantial supporting evidence.
The court emphasized the importance of timely challenges to dismissal orders and the need for supporting evidence in claims for compassionate appointment and pensionary benefits.
Compassionate appointment applications must consider the de jure death date, determined by court decree post-dismissal order.
Civil death declaration impacts compassionate appointment eligibility, requiring consideration post-declaration date.
Dismissal from service without trial is permissible under the BSF Act when due process is deemed followed, and claims for medical reasons must be substantiated with contemporaneous records.
Court cannot refrain from observing that enough injustice has been done to the departed soul and his family.
The court ruled that the failure to consider a representation for compassionate appointment is illegal and arbitrary, emphasizing the need for equitable treatment under the compassionate appointment ....
The Court established that administrative decisions regarding appointments must be clear and reasoned, ensuring transparency and accountability.
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