GOVT OF NCT OF DELHI AND ORS vs MR INDER PRAKASH

Judgment text excerpt

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5165/2023 & CM APPL. 20119/2023 GOVT OF NCT OF DELHI AND ORS .....Petitioners Through: Mrs. Avnish Ahlawat, SC with Mr. Uday Singh Ahlawat, Mrs. Tania Ahlawat and Mr. Nitesh Kumar Singh, Advs. versus MR INDER PRAKASH .....Respondent Through: Mr. Puneet Rathi and Mr. Mohd. Shahrukh Qureshi, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 09.04.2026 C. HARI SHANKAR, J. 1. These proceedings stem from a charge sheet dated 2 December 2012 issued to the respondent, whereby disciplinary proceedings under Rule 14 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 were initiated. 2. The charge sheet contained only Article of Charge, which reads thus: “ARTICLE-I Sh. Inder Prakash who is working as Peon in Govt. Boys Sr. Sec. School, Shahbad Mohd. Pur, Delhi is absenting from his duty without any information w.e.f. 12-04-2011 to 31-05-2011 and again from 23-07-2011 to till date. From his leave record, it also Signature Not Verified Digitally Signed By:AJIT W.P.(C) 5165/2023 Page 1 of 5 KUMAR Signing Date:13.04.2026 18:16:14 came to know that before going on unauthorized leaves, he has already availed 1230 days leaves which show that he is a habitual absentee. Thus by doing the said acts, the official has committed a gross insubordination and acted in manner of unbecoming of a Govt. servant in violation of provision of Rule 3 of CCS (Conduct) Rules, 1964. Thereby rendering him liable to action under Rule 14 of CCS (CCA) Rules, 1965.” 3. Mr. Singh, learned Counsel for the petitioner, to a query from the Court, candidly acknowledges that the leaves availed by the respondent for the periods prior to 12 April 2011 were all duly sanctioned and regula