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High Court of DelhiW.P.(C)/6674/2017

Ex Constable Sapna Tyagi v. Union Of India And ORS

2017-08-04Hon'Ble Mr. Justice Sanjiv Khanna,Hon'Ble Mr. Justice Navin Chawla2 pages

$~27.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6674/2017 EX CONSTABLE SAPNA TYAGI ..... Petitioner Through Ms. Archana Ramesh, Advocate.

versus UNION OF INDIA AND ORS.

..... Respondents Through Mr. Vivek Goyal, CGSC for UOI.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 04.08.2017 The petitioner was appointed as lady Constable in the Central Industrial Security Force on 2nd September, 2006. 2.

The petitioner was removed from service after court of inquiry vide order dated 25th July, 2011. The petitioner preferred an appeal, which was dismissed vide order dated 27th October, 2011. 3.

The petitioner in the present writ petition filed on 1st August, 2017 is seeking quashing and setting aside of the two orders dated 25th July, 2011 and 27th October, 2011.

4.

The case of the petitioner is that she was, for medical reasons, unable to attend duties and report for work. It is also pleaded that the petitioner had made number of representations between 2011 to 2016. 5.

We are not inclined to entertain the present writ petition on the ground of delay, laches as well as acquiescence. The petitioner was removed from

service way back in the year 2011. Six years have lapsed since then. The petitioner had also withdrawn the provident fund dues, etc. 6.

The contention of the petitioner is that she had miscarriage and was granted leave in May 2010. The petitioner thereafter did not report for duty despite call letters and warnings. The petitioner did not pay any heed. The direction for convening Court of Inquiry was issued on 19th February, 2011, which is nearly eight months after the miscarriage. Till then, the petitioner had not reported for duty.

7.

Entertaining a writ petition after a long gap of nearly six years would have serious consequences and result in administrative chaos. The petitioner was a member of Central Industrial Security Force, an armed force of the Union.

The writ petition is accordingly not entertained and dismissed on the ground of delay and laches.

SANJIV KHANNA, J.

NAVIN CHAWLA, J.

AUGUST 04, 2017 VKR