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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Jayanta Sakharam Keni – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. invalid penalty due to lack of fair hearing. (Para 1 , 2) |
| 2. delayed appeal and representation issues. (Para 3 , 4) |
| 3. petition dismissed on grounds of delay. (Para 5) |
1. The present petition has been filed by the petitioner for quashing/ setting aside of order dated 24.05.2010 passed by the respondents, vide which he has been awarded major penalty of `removal from service' on the basis of ex-parte and botched up enquiry report, without affording him an opportunity of fair hearing. Additionally, petitioner is also seeking a writ of mandamus to the respondents to reinstate him in service.
2. Pertinently, the petitioner has averred that he had joined services of Central Industrial Security Force (CISF) as Constable/GD on 18.03.2006. He claims to have been sanctioned earned leave for 25 days from 26.08.2009 till 23.09.2009 and thereby, had to join duty on 24.09.2009. However, due to jaundice and hepatitis of advance stage, he remained under treatment from 19.09.2009 till 07.05.2010. Petitioner claims to have received call letters dated 25.09.2009; 05.10.2009; 20.10.2009; 04.11.2009 and 27.11.2009, however, he was seriously ill during the said period
Natural justice mandates fair hearing in disciplinary proceedings, but inordinate delays can result in dismissal of petitions due to laches.
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.
The court upheld the authority's decision to modify dismissal to a reduction in pay based on mitigating circumstances, ensuring the penalty aligns with justice principles.
Sufficient and effective opportunity should be granted to the delinquent in the domestic enquiry, especially when there is contemplation to impose a major punishment.
Unauthorized absence from duty in a disciplined paramilitary force constitutes grave misconduct; disciplinary proceedings conducted ex-parte following the employee's failure to respond to legitimate ....
The court emphasized that a medical condition does not excuse an employee's failure to follow leave rules and report to the authorities, and that repeated misconduct can warrant severe punishment.
Delay in filing a writ petition can result in dismissal, as equitable relief may be denied based on the principles of delay and laches, emphasizing the need for timely legal action.
Termination upheld as lawful due to prolonged unauthorized absence and failure to substantiate claims of illness, despite claims of procedural violations.
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