IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1221 of 2009(O&M) Date of decision: 11.11.2009 Soni Kumar. -----Appellant Vs. Union of India & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. B.S. Rathee, Advocate for the appellant. --- ORDER: 1. The appellant is aggrieved by order of learned Single Judge, dismissing the writ petition against order of discharge dated 1.9.2008, Annexure P-11. 2. The appellant served Indian Army for 19 years and retired on 30.9.2006. He was re-employed in Defence Security Corps on 9.4.2008, but on account of absence from duty, after issuing show cause notice, order of discharge dated 1.9.2008 was passed. 3. Learned Single Judge held that there was no illegality in the order of discharge, as under the rules, such an order could LPA No.1221 of 2009 be passed and the same was not a disqualification for future employment. 4. We have heard learned counsel for the appellant. 5. The appellant had only about two months service when he proceeded on leave, which was not sanctioned, which led to passing of the impugned order. 6. Whether the appellant had genuine reason for being absent, is a matter which has to be considered by the competent authority. Having regard to the fact that nature of employment of the appellant was only re-employment and he had only rendered two months service, we do not find any ground to interfere with the view taken by learned Single Judge. 7. At this stage, learned counsel for the appellant states that the appeal may be dismissed as withdrawn. 8. Dismissed as withdrawn, as prayed. (ADARSH KUMAR GOEL) JUDGE November 11, 2009 ( GURDEV SINGH ) ashwani JUDGE 2