SOM MASIH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 19.11.2013 rendered by the learned Single Judge of this Court, holding that the appellant was a probationer for two years from the date of his induction in service in May, 1996. However, he started absenting from duty frequently within a couple of months after joining the duty. He was found absent indefinitely from 02.04.1998 onwards and did not report for duty. From 01.06.1996 to 21.03.1998 he 2 remained absent for a period of 283 days. In these circumstances, learned Single Judge held that appellant was a probationer for a period of two years. From the date of his induction into service he started remaining absent frequently after joining duty. He did not bother to attend duty for a long period of 14 years. Eventually the learned Single Judge dismissed the writ petition.

(2.) Having heard learned counsel for the appellant, we are of the view that the opinion expressed by the learned Single Judge does not suffer from any legal infirmity warranting admission of the appeal. The appellant had virtually decided to give up the job and he cannot be heard after 14 years that he was keen to work on the post. His long absence during the period of probation speaks volumes about his suitability for the post. Accordingly, the appeal fails and same is dismissed along with CMA No.1/2014.