PREM SHANKAR DWIVEDI vs UOI & ORS.

Judgment text excerpt

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 01st AUGUST, 2025 IN THE MATTER OF: + W.P.(C) 4012/2007 PREM SHANKAR DWIVEDI .....Petitioner Through: Mr. Vinayak Mohan, Advocate versus UOI & ORS. .....Respondents Through: Mr. Akshay Amritanshu, Senior Panel Counsel, Ms. Drishti Saraf, Ms. Drishti Rawal and Mr. Sarthak Srivastava, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT 1. The instant writ petition is filed by the Petitioner challenging the Order dated 08.05.2004 passed by the Respondent No. 4 herein i.e., Adjutant, 6th Battalion, ITBP Force, terminating the services of the Petitioner and the subsequent Orders dated 30.09.2004, passed by the Director Inspector General (LWA); order dated 28.04.2006 passed by Inspector General, ITBP (HQ), confirming the Order dated 08.05.2004. The Petitioner also challenges the Order dated 28.01.2004 vide which the Petitioner was declared as an absconder. 2. Shorn of unnecessary details, the facts leading to this writ petition are as follows – Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 4012/2007 Page 1 of 14 Signing Date:08.08.2025 15:47:49 a. Petitioner was appointed as a Ground Duty Constable in the Indo- Tibetan Border Police (ITBP) in the year 1987. Thereafter, he was promoted to the rank of Lance Naik Ground Duty. b. It is stated that while working as Lance Naik and being posted at 6th Battalion, ITBP, Ramgarh, District Panchkula, Haryana, the Petitioner sought for an earned leave of 60 days commencing from 15.02.2003 to 18.04.2003. The leave was sanctioned by the Respondent No. 4 and the Petitioner left for his hometown. c. It is stated that the Petitioner was supposed to join the duties on 18.04.2003 afternoon. However, he d