Md. Rijwan Anwar v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9496 of 2015 ====================================================== Md. Rijwan Anwar, aged about 29 years, Son of Md. Arshad Imam, resident of Village + P.O.- Haidar Ganj, Karah, P.S.- Silav, DistrictNalanda. .... .... Petitioner/s
Versus
1. The Union of India through its Secretary, Department of Personnel & Training Govt. of India.
2. The Chairman/Secretary, Staff Selection Commission (NWR), Department of Personnel & Training, Govt. of India, Kendriya Sada, Sector-9, Ground Floor, Chandigarh.
3. Dy.
Commandant (Med).
Member Met Board SHO, SSB Muzaffarpurm, MET Centre, SSB/SHO Modern AGRO Agencies Building Chakkar Maidan, Muzaffarpur (Bihar).
4. Deputy General Inspector, Group Centre, CRPF, Jhaphan, Muzaffarpur (Bihar).
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Prasad Verma, Advocate.
For the Respondent/s :
Mr. S.D Sanjay (Addl. Soc. Gen.) Mr. Rajesh Kumar, CGC.
For the Rsp. No. 2 :
Mr. Anjani Kumar Sharan, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 06-07-2015 Heard learned counsel for the parties.
2. Having regard to the fact that the petitioner was given offer of appointment by the authorities of the C.R.P.F. by a letter dated 26.02.2014 to join the post on or before 06.03.2014 and that the petitioner did not report on duty within the prescribed time limit, as prescribed in the offer of appointment, and had also not informed the authorities that he would not join the post on or before 06.03.2014, his candidature in view of condition in the offer of appointment had automatically stood cancelled.
Patna High Court CWJC No.9496 of 2015 (2) dt.06-07-2015 2/2
3. The submission of learned counsel for the petitioner that the petitioner was seriously ill from 04.03.2014 to 04.08.2014 and, therefore, could not join the post, would make no difference because if the petitioner was really seriously ill, he ought to have immediately informed the authorities upon receipt of the offer of appointment dated 26.2.2014 in which event probably the authorities could have considered his such plea or could have sent his case to the Medical Board as to whether he was feigning the ground of illness or in reality was suffering from any disease. That having been not done by the petitioner and the authorities, in fact, also claiming to have sent a reminder to him on 28.03.2014 to join the post by 28.04.2014, this Court now after a lapse of more than one year of his offer of appointment does not find any reason in this writ petition filed on 03.07.2015 directing to the respondents to accept the joining of the petitioner.
4. That being so, this writ application fails and is, accordingly, dismissed.
(Mihir Kumar Jha, J) Sujit/- U