IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.334 of 2008
NANDESHWAR PRASAD SINGH
Versus
THE UNION OF INDIA & ORS
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For the Appellant : Mr. Barun Kr. Choudhary, Adv.
For the Respondent : Mr. Sanjay Kumar, CGC.
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PRESENT
Hon’ble the Chief Justice
&
Hon’ble Mr. Justice Kishore K. Mandal
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Dated, the 4th July, 2008.
After having heard the counsel for the appellants, we are
satisfied that the appeal is devoid of any substance.
2. That the appellant violated the transfer orders dated
15th May, 2002 and 3rd June, 2002, is not in dispute. However, the
counsel would submit that it was because he was not in a proper
mental condition to join the duties at the transferred place. He
submitted that the appellant, due to his mental ailment, had been
under treatment at Ranchi and CRPF Hospital, Hyderabad during this
time.
3. We are afraid, medical certificates shown by the
counsel do not reflect that the appellant could not have joined his
duties at the transferred place. All the medical certificates that have
been shown to us by the counsel record that the appellant was fit to
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resume duties but without holding fire arms for six months. The
medical certificates, thus, show that appellant could have joined duty
but he did not do that. If for the disobedience of the transfer orders,
the appellant has been dismissed from service and the said order has
been confirmed by the appellate as well as revisional authority and not
interfered by the Single Judge, we find no justifiable reason to take a
different view.
4. Letters Patent Appeal is dismissed in limine.
R. M. Lodha, CJ
Kishore K. Mandal, J
Anil/