Delhi High Court
Major Dhan Singh vs Union Of India & Ors on 1 December, 2010
Author: Gita Mittal
19
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)No.7657/2010
Date of Decision : 1st December, 2010
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MAJOR DHAN SINGH ..... Petitioner
Through : Mr. T.P.S. Kang, Adv.
versus
UNION OF INDIA & ORS ..... Respondents
Through : Mr. Abhishek Goyal, Adv.
along with Major Rahul Soni.
CORAM :-
HON'BLE MS. JUSTICE GITA MITTAL
HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may NO
be allowed to see the Judgment?
2. To be referred to the Reporter or not? NO
3. Whether the judgment should be NO
reported in the Digest?
GITA MITTAL, J. (Oral)
1. The present writ petition has been necessitated for the
reason that the petitioner, who is a serving officer with the
Indian Army stands attached with the 15 Sector Headquarters
since April, 2009 and is not being granted leave. The
respondents have contended that the delay in completion of
the proceedings is attributable to the petitioner and have also
expressed an apprehension that in case the petitioner was
granted leave, he would abscond and even flee the borders of
the country in order to avoid disciplinary or any other action
which may be contemplated against him.
2. On the other hand, learned counsel for the petitioner has
submitted that the petitioner has made a prayer for grant of
leave to the respondents for the reason that proposal for his
marriage has been finalized and the marriage ceremony is
actually fixed on 13th December, 2010. It has further been
contended that various ceremonies in connection with the
marriage are to commence from 8th December, 2010. Learned
counsel for the petitioner has submitted that a reasonable
period is required by the petitioner also to make arrangements
for the same. The photocopy of a marriage card has been
handed over in court which is taken on record. As per this
card, the marriage is to be solemnized at the petitioner's
village which is located in District Rohtas, Bihar.
3. Major Rahul Soni representing the respondents has
handed over a copy of a signal dated 29th November, 2010
received from the Discipline and Vigilance Branch of the
Headquarter of 16 Corps. As per this signal, it appears that the
respondents have permitted twelve days leave to the petitioner
which accrues to his credit as balance of his annual leave
subject to the condition of a surety or an affidavit that the
petitioner would rejoin by the due date or expiry of such leave.
The respondents have also suggested that the petitioner's
passport is required to be deposited before giving him the
permission to proceed on leave.
4. Learned counsel for the petitioner submits that he would
have no objection for compliance of these requirements.
However, it is submitted that the petitioner's passport is lying
at his brother's residence at Delhi and the petitioner could
access the passport only if he is permitted to reach Delhi from
his current posting.
5. It is submitted by Major Rahul Soni that the petitioner's
movement to Delhi would be facilitated by the respondents to
enable compliance with our directions.
6. In view of the above, on a consideration of the rival
contentions, we direct as follows:-
(i) The petitioner shall be permitted to proceed on
leave for twelve days in terms of the signal
aforenoted upon and subject to his furnishing an
affidavit by way of undertaking to this court that he
would rejoin his current position/posting on expiry of
the period of twelve days from commencement of
his leave.
(ii) The petitioner shall also deposit his passport with
the Registrar (Appellate).
(iii) The petitioner shall not leave the boundaries of the
country during the period of his leave. An
undertaking on affidavit to this effect shall be filed.
(iv) The respondents shall ensure that the petitioner
reaches Delhi by the 6th of December, 2010.
(v) The matter shall be placed before the Registrar
(Appellate) on 6th December, 2010 for compliance.
The petitioner shall appear before the Registrar
(Appellate) on the said date and tender his
undertakings and passport.
This writ petition is disposed of in the above terms.
Dasti to the parties under signature of Court Master.
GITA MITTAL, J
J.R. MIDHA, J
DECEMBER 01, 2010/aj
