This court dismissed a writ petition challenging the dismissal of a Class-IV employee by the respondent on grounds of illegal absence. The petitioner failed to produce medical records as directed, justifying the removal.
The writ petition was dismissed and the pending application was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
versus
DELHI TRANSPORT CORPORATION & ANR ..... Respondents Through: Mr. U.N. Tiwary, Advocate for DTC.
CORAM: HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T
Page 1 of 3
W.P.(C) 827/2012
ii. The respondents had sent a letter to the petitioner asking her to join duty (Ex.WW1/4) which was not replied by her.
iv. No document of illness was brought on record for the leave period. The Medical Certificate produced by the petitioner was of a later date.
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W.P.(C) 827/2012
before the Medical Board whereupon she appeared on 05th June, 1995 and the Medical Board told the petitioner to produce the medical record but she failed to produce the same despite reminder letter dated 15th June, 1995. The respondents removed the petitioner after giving repeated opportunities to produce the medical record before the Medical Board. It is submitted that the burden to prove that the absence for any justifiable reason was on the petitioner which she failed to discharge. Reliance is placed on DTC v. Sardar Singh , (2004) 7 SCC 574. It is further submitted that the industrial dispute was raised after unexplained long delay of seven years.
J.R. MIDHA, J.
JULY 12, 2019 ds
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W.P.(C) 827/2012
2 issues framed by the court
Whether the delay of seven years in raising an industrial dispute warrants dismissal of the writ petition.
Whether the petitioner discharged the burden to prove justification for unauthorized absence given the lack of medical records before the Medical Board.
Colour shows how this judgement treated each authority
DTC v. Sardar SinghRelied on¶26
DTC v. Sardar Singh, (2004) 7 SCC 574 · Who else cites this
Shanti Kaur
Delhi Transport Corporation
J.R. Midha
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
