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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Kripa Shanker Shukla – Appellant
Versus
Union of India – Respondent


JUDGMENT

Saurabh Banerjee, J. As per petitioner, since joining service with the Border Security Force (hereinafter referred as "BSF") in December, 1991 as Assistant Commandant, he moved up the rank to be promoted as Commandant in 2010. Petitioner then assumed charge as Superintendent of Police, Bureau of Police Research and Development, Ministry of Home Affairs (hereinafter referred to as "Bureau") on 01.08.2018. Between January, 2019 till September, 2019 petitioner sought leaves on as many as twelve different occasions from the DIG(Admn.), Bureau, due to his son's and his own medical illness. Out of which the respondents later only sanctioned his leave on seven occasions but denied leave on the rest five occasions.

2. During the said period, the respondents vide letter dated 17.05.2019 sought two medical documents for sanctioning his leave for the period of 79 days with effect from 22.04.2019 till 25.05.2019. Upon satisfactory examination of documents by the Chief Medical Officer (Selection Grade), BSF on 03.06.2019, issued a fitness certificate declaring the petitioner fit to resume his duties. However, the petitioner kept applying for more leaves from tim

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