ASHOK KUMAR vs INDIAN INSTITUTE OF TECHNOLOGY, DELHI THROUGH ITS DIRECTOR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 14.05.2026 % Judgment delivered on: 04.06.2026 + LPA 363/2026 ASHOK KUMAR .....Appellant Through: Mr. Milind P Singh, Mr. Jitender Kumar and Mr. Deepanshu Tyagi, Advocates. versus INDIAN INSTITUTE OF TECHNOLOGY, DELHI THROUGH ITS DIRECTOR .....Respondent Through: Mr. T. Singhdev, Mr. Tanishq Srivastava, Mr. Abhijit Chakravarty, Ms. Anum Hussain, Mr. Sourabh Kumar and Mr. Bhanu Gulati, Advocates. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT DEVENDRA KUMAR UPADHYAYA, C.J. 1. This intra-Court appeal arises out of an order dated 26.02.2026, passed by the learned Single Judge whereby W.P.(C) 4161/2019 filed by the appellant, challenging the order of compulsory retirement by way of punishment passed against the appellant, has been dismissed. LPA 363/2026 Page 1 of 12 Signature Not Verified Digiltally Signed By:SREERAM L Signing Date:04.06.2026 12:05:23 2. Heard learned counsel for the parties and perused the records available before us on this intra-Court appeal. 3. Before adverting to the competing submissions made by learned counsel for the parties, we may note certain facts which are essential for appropriate resolution of the issue which has arisen for our consideration in this appeal. 4. The appellant was appointed as Group ‘D’ Helper in the establishment of the respondent – Indian Institute of Technology (hereinafter referred to as ‘IIT’) on 27.11.1992 whereupon he was confirmed on the said post on 05.05.2003. The appellant is said to have been unauthorisedly absent from duty between 28.09.2015 to 26.02.2016 i.e. for a period of about five months. The respondent constituted an inquiry committee vide Office Memorandum dated 15.02.2016 to examine the appellant’s unauthorised ab