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IN THE HIGH COURT OF DELHI AT NEW DELHI
Devendra Kumar Upadhyaya, CJ, Tejas Karia, J
Ashok Kumar – Appellant
Versus
Indian Institute Of Technology, Delhi – Respondent
| Table of Content |
|---|
| 1. factual history and sequence of disciplinary proceedings regarding unauthorized absence. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments concerning double jeopardy, natural justice, and proportionality of punishment. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. declaring absence as dies non is administrative, not a disciplinary penalty. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. disciplinary proceedings permit action for unauthorized absence unless leave is granted. (Para 23 , 24 , 25 , 26) |
| 5. upholding disciplinary integrity and final disposal of the appeal. (Para 27 , 28 , 29 , 30) |
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J U D G M E N T
DEVENDRA KUMAR UPADHYAYA, C.J.
1. This intra-Court appeal arises out of an order dated 26.02.2026, passed by the learned Single Judge whereby W.P.(C) 4161/2019 filed by the appellant, challenging the order of compulsory retirement by way of punishment passed against the appellant, has been dismissed.
2. Heard learned counsel for the parties and perused the records available before us on this intra-Court appeal.
3. Before adverting to the competing submissions made by learned counsel for the parties, we may note certain facts which are essential for appropriate resolutio
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