Single-judge oral order dismissing a writ petition where the petitioner sought quashing of an appointment cancellation due to failure to join on time and late appointment acceptance, finding no merit in the case.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4334 of 2018
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Krish Nandan Singh son of Ramautar Singh, resident of Village- Kanthu Colony, Lalu Pokhar, Police Station- Kotwali, District- Munger.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Md. Najmul Hodda, Adv. : Mr. Abdul Mannan Khan, Adv. : Mr. Avinava Kumar, Adv. For the U.O.I/s : Ms. Kanak Verma, CGC ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
counsel for the Union of India.
Patna High Court CWJC No.4334 of 2018(4) dt.05-12-2023 2/4
Patna High Court CWJC No.4334 of 2018(4) dt.05-12-2023 3/4
petitioner has obtained 69 marks and qualified for the next phase of recruitment. The medical examination of the petitioner was carried out on 01.06.2016 at 44th BN SSB in which he was declared medical unfit due to defective distant vision (RT) eye 6/12, thereafter, the petitioner has preferred appeal. In appeal, direction for review of the medical examination was carried out and vide order dated 26.08.2016 at Composite Hospital, BSF, Kolkata in which he declared medically fit and petitioner was finally selected and his name has figured in the merit list. It has been stated by the Union of India that upon selection of petitioner on the post of Constable/ GD and upon final selection in CRPF, offer and appointment has been issued to the petitioner vide Letter No. R. II-1/2017 – EC. VI dated 27.02.2017 with direction to report at GC, CRPF Allahabad on 21.03.2017, but the petitioner was failed to join. He has neither submitted his joining on the said date nor reported about anything about his non-joining on due date. When the petitioner has not joined then a reminder letter has also been issued granting him opportunity to join for the said post on or before dated 26.04.2017. Again for the second time, petitioner has neither joined nor reported to join his duty nor made any communication and lastly, his offer of appointment has been cancelled on 22nd July, 2017 and the
Patna High Court CWJC No.4334 of 2018(4) dt.05-12-2023 4/4
cancellation letter has been communicated to the petitioner at his home address.
hereby dismissed.
(Dr. Anshuman, J.)
Prakashmani/-
U
3 issues framed by the court
Whether the petitioner's request to accept late joining after cancellation of appointment should be entertained.
Whether the cancellation of appointment letter for non-joining is legally sustainable.
Whether the writ petition seeking quashing of cancellation order deserves success.
Krish Nandan Singh
Union Of India
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
