HIGH COURT OF DELHI
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(1.) The petitioner Ashok Kumar was appointed Sweeper with effect from
August 25, 1994 in ESI Hospital, Basaidarapur, New Delhi under the Directorate
(Medical). Before joining the service, on August 18, 1994, he had given an
undertaking that in case of receipt of any un-favourable report with regard to
his character and past performance, his services could be terminated without any
prior notice. It seems that subsequent to his joining, his police verification
was got done which revealed that he was involved in 9 cases registered at Police
Station Ashok Vihar and he had not disclosed such information to the hospital.
Hence, on November 21, 1994, he was asked by the hospital why his services
should not be terminated for having suppressed information with regard to his
involvement in criminal cases. In response thereto, he stated that he had been
acquitted in all the cases. Nonetheless, the hospital vide order dated May 22,
1995, terminated his services under the ESIC (Staff and Conditions of Service)
(2.) It is submitted by learned counsel for the petitioner that soon
after the services of the petitioner were terminated, he had sent legal notice
to the hospital on June 9, 1995 but no response thereto was received.
Thereafter on October 8, 2003, another legal notice was given which also met
with no response. Hence, the present writ petition was filed in the year 2005
challenging the termination order dated May 22, 1995.
(3.) According to the learned counsel for the respondent, the writ
petition is liable to be dismissed on the ground of delay and laches as the
order of termination has been challenged after a gap of 10 years.;
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