CWP(T) No.3916/08 (OA No. 1884/96) 18.3.2009 Present: Mr. Ajay Sharma, Advocate, for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A.G. and Mr. Anil Jaswal, Dy. Advocate General for the respondents. The petitioner was engaged as daily wage Chain-man with the respondent-State. He served from 4.4.1992 till 6.2.1996 when he absented from duty upto 6.5.1996. Consequently on 26.4.1996, he was issued a show cause notice. The petitioner chose not to file reply to the same and explain the reason of his absence. Hence his services were dispensed with w.e.f. 3.6.1996 for having willfully absented from duty. Petitioner later submitted a representation which was considered and rejected vide orders dated 14.8.1996 as the reason of his absence, being medical illness, was found not to have been substantiated by proper medical record. The respondents in their reply have further stated that the petitioner is a habitual absentee and remained absent from duties even on earlier occasions, that is, w.e.f. 22.8.1994 to 30.8.1994 (9 days), 16.11.1995 to 2.12.1995 (17 days) and 9.1.1996 to 31.1.1996 (23 days). The action of the State is in consonance with the principles of natural justice. -2- No legally enforceable right of the petitioner stands infringed hence the present petition being devoid of merits is dismissed. The petition stands disposed of. (Sanjay Karol), Judge. March 18, 2009 (PK)