SANJEEV KUMAR, PUNEET GUPTA
Sunil Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Sanjeev Kumar, J.)
1. This intra Court appeal is directed against the judgment of a learned Single Judge of this Court ["Writ Court"] dated 02.11.2019 passed in SWP No. 2715/2002 titled Sunil Kumar v. Union of India & Ors., whereby the writ petition filed by the appellant herein ["writ petitioner"] seeking quashment of the order passed by respondent No. 3, dismissing the writ petitioner from service w.e.f. 05.05.2001, has been dismissed.
2. Before we advert to the grounds of challenge urged by the learned counsel appearing for the appellant, we find it necessary to give brief resume of the factual antecedents leading to the filing of this appeal.
3. The writ petitioner was appointed as Constable in 71 Bn Border Security Force on 28.05.1990. He proceeded on leave w.e.f. 06.06.2000 to 04.08.2000 to attend his ailing wife. On request, the leave was extended upto 03.10.2000. The writ petitioner claims that he applied for extension of leave, as his wife was not fully recovered, however, the same was not granted by the respondents and consequently, the writ petition was recorded absent w.e.f. 04.10.2000 to 04.02.2001. The writ petitioner, as is claimed by him, reported for duty
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