New Delhi, August 09 (PTI):The Delhi High Court has dismissed a plea by a CISF constable against his removal from service in 2000, saying he being out from a disciplined service for the last more than 20 years cannot be expected to perform the duties and his reinstatement would also put a financial burden of arrears and pension on the State.
”The petitioner, after having been out from a disciplined service concerned with the security of the State and its establishments for the last more than 20 years, would now also be rusted and cannot be expected to perform the duties, for performing which he was employed as a Constable in respondents CISF,” said a bench of Justices Rajiv Sahai Endlaw and Amit Bansal.
The court added that the petition, which was filed by the constable in 2021 after withdrawing his plea from 2001 before Allahabad High Court, also suffered from “long delay” and a service personnel could not be “permitted to keep his claim alive by filing misconceived proceedings and after long withdrawing the same”. ”There are now no possibilities of the petitioner being restored/reinstated to the post he was holding in the respondent CISF,” the bench said.
“The petitioner, in the last about 32 years since he joined employment of respondents CISF, has not served the respondents CISF for 21 years and has barely served the respondents CISF for about 11 years.
Even during the said period of 11 years, on enquiry it is informed that the petitioner was under suspension,” the court noted.
“Without going into the merits of the case, we dismiss this petition, for the reasons of laches, acquiescence, waiver and long delay on the part of the petitioner,” ordered the court.
“We have enquired from the counsel for the petitioner, whether not the petitioner now would be nearing the age of superannuation and why should this petition be entertained, when by the time this petition is decided, the petitioner in all probability would have reached the age of superannuation.
”The same would amount to the petitioner, in the event of succeeding in the petition, being reinstated in the duty of respondents CISF after having not performed the same for about 20 to 22 years and possibly also becoming entitled to arrears of salary and to pensionary benefits, putting a financial burden on the State of an employee who has not served the State,” the bench said.
The petitioner was removed from the post of Constable in Central Industrial Security Force in November 2000 for allegedly abusing his superior officer. The removal was first challenged by the petitioner before the Allahabad High Court in 2001 but was withdrawn in 2019 to avail alternative statutory remedy. Subsequently, the petitioner filed a revision plea and a departmental appeal, both of which were rejected and the present petition was filed.
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