ALOK KUMAR AGARHARI vs IIFT & ANR.

Judgment text excerpt

$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20th November, 2025 + W.P.(C) 8434/2009 ALOK KUMAR AGARHARI .....Petitioner Through: Mr. Pankaj Kumar & Mr. Shubhendu Saxena, Advs. versus IIFT & ANR. .....Respondents Through: Dr. Charu Mathur, Adv. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN AVNEESH JHINGAN, J. (ORAL) 1. This petition is filed challenging the order dated 20.08.2008 removing the petitioner from service. 2. The brief facts are that the petitioner on 25.06.2007 was appointed on contractual basis for a period of three years. Depending upon the performance of the petitioner during the contractual period of appointment there was likelihood of regularization. The clause 3 of the appointment letter provided for termination of services in the first year by giving notice of one month or payment of salary in lieu thereof and thereafter notice of three months or payment of salary in lieu of it. The petitioner absented from duty from 07.05.2008 till removal of service. After giving payment of salary of three months in lieu of the notice period the petitioner was removed from service, hence, the present petition. 3. Learned counsel for the petitioner submits that the petitioner Signature Not Verified Signed By:AWANISHW.P.(C) 8434/2009 Page 1 of 3 CHANDRA MISHRA Signing Date:23.11.2025 05:04:55 was regularized and could not have been terminated without following due process. It is argued that the petitioner applied for leave from 07.05.2008 to 11.05.2008 and it was sanctioned. Thereafter the petitioner went to his native place and had sent an application for extension of the leave from 12.05.2008. It is argued that the petitioner was diagnosed with Hepatitis B and could not join duty. 4. Learned counsel for the respondents submits that the petitioner