POONAM ANAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant appeal filed under Clause X of the Letters Patent by the unsuccessful petitioner before the learned Single Judge has been preferred against the judgement dated 17.9.2010 holding that the appellant did not have any cause of action and the writ petition was a frivolous piece of litigation. The learned Single Judge also found that an attempt has been made by the appellant to restrain respondents from taking any disciplinary action against her which had been long over due. The counsel for the appellant infact has prayed for withdrawal of the writ petition but the aforesaid prayer was declined and the learned Single Judge refrained from burdening the appellant with costs.

(2.) IT is pertinent to mention that the appellant had challenged the validity of letter dated 10.10.2009 (P.1) before the learned Single Judge which was sent by the Commissioner and Director General, School Education, Haryana, Chandigarh to the Principal, DIET PALI (Faridabad). From the perusal of the letter (P.1), it is evident that information has been sought from the Principal that why disciplinary action had not been taken against the appellant when she had remained absent from duty for such a long period and she ought to be proceeded against. In addition, the petitioner also sought direction to the respondents for deciding his legal notice dated 9.3.2010 (P.41) and further to issue direction to respondent no.2 to issue her an order of proper posting. The learned Single Judge after recording the fact that she was transferred to Faridabad in the year 1995 and she did not disclosed whether she had joined there. She asserted that her health started deteriorating in the year 2000. Similar other un palatable excuses have been put forward which have not been accepted by the learned Single Judge.

(3.) WE have heard the learned counsel for the appellant at a considerable length and are of the view that this is a complete mis -use of the process of the Court. The appellant is obviously facing some charges and in order to pre -empt the initiation of any action by the respondent -department, these legal proceedings have been initiated firstly by filing the writ petition and then this Letters Patent Appeal. The appeal is wholly without merit and the learned Single Judge committed no error in law by dismissing the petition. Accordingly, the appeal fails and the same is dismissed. Appeal dismissed.