High CourtsDivision Bench(2021) 02 DEL CK 0198

Manisha Kumari vs Union Of India & Anr

Delhi High Court · Decided on 16 February 2021

HON’BLE JUDGES
Manmohan, J · Asha Menon, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 1704 Of 2021, Civil Miscellaneous Application No. 4901 Of 2021

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Judgment

32 paragraphs · 410 words

Manmohan, J

1.

Present writ petition has been filed challenging the order dated 30th January 2020 passed by the Respondents by which future increment in annual

salary of the Petitioner was stopped for one year.

2.

Learned counsel for the Petitioner states that the Petitioner who is an ASI in the CISF, received a Memorandum of Allegations, wherein the

charges levelled against her were that the Petitioner refused to perform her duty and the Petitioner misbehaved with other lady staff members and

used un-parliamentary language when the inspector enquired about her refusal. He points out that the Petitioner denied all the allegations.

3.

A perusal of the file reveals that petitioner had submitted an ‘Apology Letter’ attached as Annexure P-10. The said ‘Apology Letter’

reads as under:-

“To,

The Deputy Inspector General

CASO, CISF Unit, IGI, Airport

New Delhi-37.

Subject: APOLOGY LETTER

With regard to office Memorandum No. 15014(19/20/Rule-37/Manisha Kumari/2019-302 dated 29.12.2019.

Allegation NO.1. To 3 levelled against me may please be removed. All things which mentioned in the order has been told by me in tense and

depress condition due to domestic problems as I have two small children one is two years old and another is 10 months old who are fully

depended upon me and my husband. There is no one in my family to look after the baby. However, we are compelled to manage the situation

and looking after the baby anyhow by performing the duty in alternate shift by taking help of neighbors.

2.

I supposed that I am performing the duty at T3 more than my fellows so I make request/pointed out.

3.

Nevertheless, I realized later on that the all things which have been told during briefing are wrong. So I humbly request your good self to

pardon me and free from the charge considering the situation arising before and my promotional career. Also regret for inconvenience

cause.

5.

I shall be obliged for this act of kindness, please.

Yours Sincerely

No. 130410405

ASI/Exe Manisha Kumari

H-2, Coy, CISF Unit, IGI

Airport, New Delhiâ€​

4.

Though the Petitioner had filed an Appeal and a Revision before the appropriate authorities, yet both were dismissed vide order dated 05th June

2020 and 03rd September 2020 respectively. However, the Petitioner has not challenged those orders till date.

5.

Consequently, keeping in view the aforesaid apology letter as well as non-challenge to the appellate and revisional orders, the present writ petition,

being bereft of merit, is dismissed.