RAM KRISHANI SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition was originally filed by Sh. S N Sharma. The original petitioner was initially employed as Sub Inspector in the CRPF in the year 1960. In the year 1967, he was directly selected as Deputy Superintendent of Police and in the year 1976, he was working as Assistant Commandant in the CRPF.

(2.) THEREAFTER , the petitioner tendered his resignation and prayed that it may be accepted with immediate effect. Though the letter of resignation has not been placed on record but it appears that the same was dated 1st October, 1976. This resignation was accepted by the respondents and the petitioner was relieved from service on 3rd December, 1976. Though documentary material has not been placed on record but it appears that between these two dates, the petitioner had sent a letter to his employer for withdrawing his letter of resignation.

(3.) MR Sharma, learned counsel for the petitioner submits that the fundamental rights of the petitioner have been breached and he has been denied equal treatment of laws under Articles 14 and 16 of the Constitution of India and hence the petition should not be rejected on the grounds of delay and laches. In support of this contention, judgment of the Supreme Court in K Thimmappa and others vs Chairman, Central Board of Directors, State Bank of India and another (2001) 2 SCC 259, has been relied upon by the learned counsel.