Pawan v. Union Of India And ANR.

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 13728/2018 PAWAN ..... Petitioner Through:

Mr.Aditya Vashishath, Advocate.

versus UNION OF INDIA AND ANR.

..... Respondents Through:

Ms.Ruchi Jain, Advocate.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 11.01.2019 C.M. APPL.902/2019 (Exemption)

1. Allowed, subject to all just exceptions.

C.M. APPL.901/2019

2. For the reasons stated in the application, the application is allowed.

3. The writ petition is restored in its original number. W.P.(C) 13728/2018

4. The prayer in the present petition by Petitioner, who qualified for the post of Sub Inspector/Executive in the CISF in the exam held in 2016, is that a direction should be issued to the Respondents to allow him to join the post and in the basic training and set aside the lapse letter dated 20th June 2018.

5. From the narration of the petition it is seen that the Petitioner first W.P.(C) 13728/2018 Page 1 of 3

received the offer letter dated 14th December 2017 asking him to join basic training at the NISA Hyderabad on 12th January 2018.

6. By a letter dated 2nd January 2018 the Petitioner requested the 3 months' extension on the ground that his mother was seriously ill. While rejecting his request by its letter dated 18th January 2018, Respondent No.2 i.e. Director General CISF Headquarters asked him to join on or before 29th January 2018. According to the Petitioner he received this letter only on 2nd February 2018 and, therefore, he was unable to comply.

7. However, instead of approaching the office immediately he wrote another letter dated 6th February 2018 asking for a further 3 months extension. By a letter dated 27th February 2018 this was rejected. However, a second extension was granted to the Petitioner to join before 15th March 2018. It is not the case of the Petitioner that he did not receive this letter in time. Instead of joining by 15th March 2018, the Petitioner 2 days prior thereto wrote another letter on 13th March 2018 for further extension on the ground of the medical condition of his mother.

8. In the considered view of the Court there was no justifiable excuse for the Petitioner, having received the letter dated 6th February 2018, to not join by 15th March 2018 which was more than 2 months after the initial date by which he had to join i.e. 12th January 2018.

9. Clearly the Petitioner was taking a chance by going on seeking extensions. He sought it for the third time which was rejected by letter dated 30th April 2018 asking him to join training by 15th May 2018. This time, W.P.(C) 13728/2018 Page 2 of 3

claiming that he received a letter only on 15th May 2018, the Petitioner wrote another letter dated 17th May 2018 for the fourth time seeking extension. This was obviously rejected by the Respondents by the impugned order dated 20th June 2018.

10. In the above circumstances, the Court sees no reasons to interfere with the impugned order of the Respondents. The petition is dismissed. S.MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 11, 2019 tr W.P.(C) 13728/2018 Page 3 of 3