THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY WRIT APPEAL No. 1053 of 2009 Dated: 16-3-2011 Between Plaban Kumar Pahari ...Appellant And The Director General-Medical Service (DGMS), Army HQ, Medical Branch, New Delhi and others …Respondents Judgment: (Per Hon’ble Sri Justice Goda Raghuram) This appeal is directed against the order of the learned single Judge date 3-8-2009 in W.P.No. 13202 of 2009 whereby and whereunder interference was declined with the action of the respondents in not allowing the appellant to sit in the final examinations for the course of GNM at the Military Hospital, Secunderabad on the ground of the appellant/petitioner’s involvement in the malpractice in the pre-final examinations. Eventually after a process of inquiry, the petitioner was inflicted with the punishment of 14 days pay fine by the Part I order dated 27-5- 2009 notified in Ser.No.120/09 dated 30-5-2009. This order of punishment has been set aside by this Court today, by the judgment in W.P.No. 15439 of 2009. In the light of the subsequent development and since it is within the plenitude of discretion of the respondents to refuse permission to attend one academic course to an Officer or a member of the Army who is alleged to have indulged in malpractice at the examination, we find no reasons to interfere with the order of the learned single Judge challenged in this writ appeal. The appeal is without merits and is accordingly dismissed. No costs. __________________________ GODA RAGHURAM, J 16th March, 2011 ________________________________ G.KRISHNA MOHAN REDDY, J GRR