Court No. - 29
Case :- SPECIAL APPEAL No. - 273 of 2019 Appellant :- Gulab Singh @ Pushpendra Respondent :- Principal Secretary Department Of Medical And Health And 5 Others Counsel for Appellant :- Rakesh Kuamr Yadav,Siddhartha Mishra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner-appellant.
The petitioner-appellant was working on contractual basis as a ward boy in a community health centre. His contract employment was terminated as he had remained absent. The petitioner-appellant alleged to have submitted a medical certificate to prove his absence but ultimately it came on record that he was in jail during the above period on account of offence for the murder of his wife.
The fact remains that the petitioner-appellant was in jail from 17.12.2017 to 20.03.2018 in connection with the Case Crime No. 386 of 2017 and had not attended his duties which was contractual in nature.
In such circumstances, if his services has been dispensed with, no illegality has been committed by the Chief Medical Officer or by the learned Single Judge in dismissing the writ petition.
The special appeal lacks merit and is accordingly dismissed.
Order Date :- 26.2.2019 Abhilash