SUBHASH CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) CM No.20575/2015 Allowed subject to just exceptions. CM No.20573/2015 & 20574/2015 For the reasons stated in the applications delay in filing and re -filing the writ petition is condoned. Applications are disposed of. WP(C) 9088/2015

(2.) After dismissal of his mercy petition, the petitioner filed Civil Suit No.S -91/06/98 filed in May, 2012 which was decreed by learned Senior Civil Judge, Delhi. However, the said decree was set aside in RCA No.49/2012 filed by the respondent herein. The petitioner again filed RSA No.247/2013 before this Court wherein he was permitted to challenge the order of dismissal by invoking writ jurisdiction of this Court hence this writ petition.

(3.) The petitioner was enrolled as Constable with CISF on March 01, 1988. On August 01, 1992 he was sanctioned 15 days leave from August 05, 1992 to August 26, 1992 to enable him to leave his ailing wife at his native place. The petitioner failed to report for duty on the due date i.e. August 27, 1992. Two call up notices were sent to him on August 31, 1992 and October 17, 1992 at his residential address furnished by him in his service record. The second call up notice dated October 17, 1992 was returned by the postal authorities with the remarks as "ADDRESSEE ALREADY LEFT FOR DUTY". The petitioner, however, reported for duty only on November 03, 1992 after overstaying of leaves by 68 days. At the time of joining he furnished some papers to justify his overstay of leave on account of illness of his wife and child.