Single judge dismissed a writ petition where the petitioner failed to join his posting after being certified fit, citing forged or misleading medical certificates without true facts.
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CWP(T) No. 12272 of 2008
04.10.2010 Present: Mr. Pritam Singh Chandel, Advocate, for the petitioner.
Mr. Rajesh Mandhotra, Deputy Advocate General for respondents No. 1, 2 and 4.
Mr. Jeevesh Sharma, Advocate, for respondent No. 3 (memo of appearance taken on record).
Petitioner was certified fit to resume duty w.e.f.
1.9.2004 by the Medical Officer, Community Health Centre, Sujanpur Tihra (Annexure A-1). He did not join his place of posting and sent a telegram on 17.8.2004 from another place i.e. Bilaspur. Thereafter he undertook treatment at Primary Health Centre Dehar, District Mandi, H.P. (Annexure A-3). He also showed himself at the State Hospital (I.G.M.C.) at Shimla (Annexure A-4). Certificates Annexure A-3 and A-4 prima facie appears to have been prepared on the asking of the petitioner. Annexure A-3 though signed on 10.9.2004 refers to the O.P.D. slip dated 17.8.2004 which is the date on which petitioner in fact was taking treatment at the Community Health Centre, Sujanpur Tihra. Further Annexure A-4 dated 16.10.2004 refers to the petitioner’s absence from duty w.e.f. 11.9.2004 up to 17.10.2004. Consequently no case for interference is made out. He has not approached the Court with true facts and particulars. Petition stands dismissed.
(Sanjay Karol), Judge. October 4, 2010 (PK)
Petitioner
Respondents No. 1, 2 and 4
Respondent No. 3
Sanjay Karol
As recorded by the court registry
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