IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
L.P.A. No.1221 of 2009(O&M)
Date of decision: 11.11.2009
Soni Kumar.
-----Appellant
Vs.
Union of India & others.
-----Respondents
CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE GURDEV SINGH
Present:- Mr. B.S. Rathee, Advocate
for the appellant.
---
ORDER:
1. The appellant is aggrieved by order of learned Single
Judge, dismissing the writ petition against order of discharge
dated 1.9.2008, Annexure P-11.
2. The appellant served Indian Army for 19 years and
retired on 30.9.2006. He was re-employed in Defence Security
Corps on 9.4.2008, but on account of absence from duty, after
issuing show cause notice, order of discharge dated 1.9.2008
was passed.
3. Learned Single Judge held that there was no illegality
in the order of discharge, as under the rules, such an order could
LPA No.1221 of 2009 2
be passed and the same was not a disqualification for future
employment.
4. We have heard learned counsel for the appellant.
5. The appellant had only about two months service
when he proceeded on leave, which was not sanctioned, which
led to passing of the impugned order.
6. Whether the appellant had genuine reason for being
absent, is a matter which has to be considered by the competent
authority. Having regard to the fact that nature of employment of
the appellant was only re-employment and he had only rendered
two months service, we do not find any ground to interfere with
the view taken by learned Single Judge.
7. At this stage, learned counsel for the appellant states
that the appeal may be dismissed as withdrawn.
8. Dismissed as withdrawn, as prayed.
(ADARSH KUMAR GOEL)
JUDGE
November 11, 2009 ( GURDEV SINGH )
ashwani JUDGE