PLABAN KUMAR PAHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was inflicted with the penalty of 14 days pay fine by the 6th respondent by an order published as Part I order Ser.No. 120/2009, dated 30- 5-2009. This is the order challenged in this writ petition.

(2.) THE petitioner joined the service of the Armed Forces on 15-1-2001 as a Nursing Assistant. Consequent on his success at the Entrance Test for the course of General Nursing and Midwifery (GNM) conducted by the 3rd respondent on 15-6-2008, the petitioner joined the School of Nursing, Military Hospital at Secunderabad for undergoing the GNM course in Batch No. XLI. He joined for the course on 2-9-2008, the duration of the course is for 3 1/2 years. After the commencement of the course and after completion of 12 weeks, an eligibility test was conducted and the petitioner claims to have successfully appeared the said test as well.

(3.) ON 26-5-2009 after discovery of a book in the desk while the petitioner was writing the examination, the 7th respondent is stated to have taken both the question paper and the answer sheet from the petitioner and he was asked to leave the examination hall. He was not permitted to write the other examinations on the other days of the pre-final examinations. Thereafter he was withdrawn from the course and put on general duties since 27-5-2009. Pursuant to the orders dated 8-7-2009 the petitioner was permitted to pursue and continue the GNM diploma course vide Army Medical Corps Records, by its proceedings dated 8-7-2009. A learned Division Bench of this Court in a miscellaneous application in W.A.No. 1053 of 2009 had also directed the petitioner to appear for the final examinations, however, the results were directed not to be declared and to be kept in a sealed cover. The result of the petitioner was not declared in respect of the final examinations. ON 23-7-2009 the petitioner was transferred to the 354 Field Hospital. This writ petition filed on 31-7-2009 seeking invalidation of an order notified on 30-5-2009 inflicting the penalty of 14 days pay fine.