CW 7620/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.7620/08 Sarvar Khan Versus UOI & Anr. DATE OF ORDER : 08/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ranvir Singh, for petitioner *** Instant petition has been filed by petitioner assailing order Ann.3 dt.7th January, 2006 whereby he was declared to be deserter as he has not reported for duty on 23rd July, 2005. At the same time, he was directed to take all his dues to which he was entitled for under law. Petitioner joined service in Indian Army on 28th July, 2004 and as alleged proceeded on leave and was to report on 23rd July, 2005, but he has not reported for duty. It appears that notices were served to him, but since he has not turned up, he was declared to be deserter w.e.f. 23rd July, 2005. A letter was sent to him on 27th January, 2006. Counsel for petitioner submits that FIR was registered against him u/ss.498A & 304B IPC on 15th October, 2005 in which he was arrested and released on bail by this court on 23rd June, 2006 - that was the reason for which he could not report for duty. CW 7620/08 [2] Suffice it to say that he was expected to report for duty on 23rd July, 2005 and alleged incident took place in October, 2005. Apart from it, even after he was released on bail, no efforts were made by him to report for duty. In absence whereof, he was declared to be deserter under order impugned dt.7/1/06 [Ann.3]. From the material on record, this court does not find any justification to interfere in the instant petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA7620CW2008 8-8.doc