Decided on July 10,2007

STATE Respondents


- (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) Regulations, 1959.
(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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