AMAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal by the original writ petitioner is directed against the judgment of a learned Single Judge of this Court, dated 12th May, 2009, in CWP (T) No. 5883 of 2008, whereby he dismissed the writ petition filed by the petitioner.

(2.) BRIEFLY stated, the facts of the case are that the appellant (hereinafter referred to as the petitioner) was initially appointed as 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. Frash in the H.P. Secretariat on 24th September, 1980. He was promoted as Peon on 8th May, 1984 and was to remain under probation for a period of two years. The petitioner only served till 7th January, 1985 and from 8th January, 1985, he did not report for duty. The petitioner did not care to even write a letter to his employer about his whereabouts for more than thirteen years. On 10.11.1998, i.e. thirteen years and ten months after he had left, he came to the office and wanted to submit his joining report, which the officials did not accept. The petitioner thereafter filed a writ petition claiming that his services have not been terminated under the CCS (CC&A) Rules and no disciplinary action had been taken against him and, therefore, he continued to be in service and his joining report could not be rejected. The learned Single Judge dismissed the writ petition relying upon a number of judgments of the Apex Court.

(3.) EACH case has to be decided on its own merits. A person who approaches the writ Court must approach the writ Court with honesty and should come out with the true facts. The version of the petitioner that for thirteen long years he was under treatment and, therefore, could not join duties on the face of it cannot be accepted.