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2006 (9) TMI 606 - HC - Indian LawsChallenged the Termination order from service - seek extension of leave from time to time - Faculty in Economics - repeated directions issued by the 1st respondent to the appellant to join duty did not evoke any positive response - HELD THAT:- On Persual of the facts clearly establish that (i) in spite of repeated instructions, the appellant failed, rather refused, to report for duty for a period of nearly 8 months, from January to August 1995 and (ii) that after 2-3-1995, till August 1995, he did not even communicate with his employer, for one reason or the other. His conduct, during this period of about 8 months, which also incidentally happened to be a period when the bond executed by him was in force, does not inspire either the confidence or the sympathy of this Court. Therefore the inference drawn by the learned Judge that he was not interested in the job and that he had created a situation whereby he could escape his contractual obligations, appears to be not only reasonable but also inevitable. Consequently, the invocation of the theory of useless formality by the learned Judge, cannot be found fault with, especially in the light of the fact that the appellant was employed in a responsible position as a Faculty member for research projects. Thus all the grounds raised by the learned Counsel for the appellant are untenable and we find no merit in the appeal. Consequently the appeal is dismissed.
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