Delhi High Court
Anil Kumar vs Union Of India And Ors on 28 July, 2017
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6446/2017
Date of decision :28th July, 2017
ANIL KUMAR ..... Petitioner
Through: Mr.M.D.Jangra, Adv.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr.Kamal Kant Jha, Sr. Panel counsel
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE NAVIN CHAWLA
SANJIV KHANNA, J. (Oral)
Anil Kumar, the petitioner was appointed in the Border Road
Organization (BSF) at the post of OEM on 17th April, 2009. The
petitioner, however, decided to resign and had sent letter of
resignation, which was accepted by the Authorities. The petitioner
was discharged on 15th September, 2012.
2. The petitioner accepted the said position and thereafter,
remained quite.
3. After more than 18 months the petitioner made a
representation on 5th February, 2014 claiming that he had tendered
WP(C) 6446/2017 Page 1
his resignation under mental stress on account of domestic
problems. The petitioner had three children including two daughters
and due to poverty, he was unable to lookafter them.
4. The representation for re-employment was rejected on 8th
April, 2014. The rejection letter records that the representation was
made after more than 18 months and requests for reinstatement,
after six months of resignation, were not entertained.
5. The petitioner even thereafter, kept on making
representations and has now preferred the present writ petition.
6. The petitioner professes that he was of unsound mind and,
therefore, the resignation was as null and void. Reference is made
to one OPD slip issued by the Regional Institute of Medical
Sciences Hospital, Lamphel, Imphal dated 4th January, 2011.
Reliance is placed on judgments of the Himachal Pradesh High
Court in Bhag Chand vs. Union of India & Ors. 2007 (2) Shim LC
366 and judgment of Punjab and Haryana High Court in CWP
no.9790-CAT of 2004 in Director General, SAI vs. CAT & Ors.
decided on 21st April, 2009.
7. We have considered the said contention but do not find any
merit in the same. As noticed above, the petitioner has relied upon
one OPD card of the Regional Institute of Medical Sciences
Hospital, Lamphel, Imphal dated 4th January, 2011. The earlier
notings in the OPD card indicate that the petitioner was under
treatment for skin ailment and was referred to Psychiatrist for
WP(C) 6446/2017 Page 2
multiple unrelated problems. The petitioner had tendered his
resignation 18 months thereafter, which resignation was accepted
on 15th September, 2012. Representation for re-employment was
made on 5th February, 2014, states that the petitioner was posted to
Leh-Ladakh and had served there for 3 months when due to his
deteriorating domestic problems and as there was no responsible
person at home, the petitioner had resigned. This representation
does not refer or indicate that "mental unsoundness" was the reason
for resignation. The plea now taken is an afterthought. There is
nothing on record to show that the petitioner had undergone
treatment or was under consultation of a psychiatrist. The
judgments relied have no application.
8. The writ petition has no merit and the same is dismissed. No
costs.
SANJIV KHANNA, J
NAVIN CHAWLA, J
JULY 28, 2017
RN
WP(C) 6446/2017 Page 3
