1. The petitioner has filed the present Letters Patent Appeal to impugn the decision of the learned Judge dated 19 August, 2002 (C.W.J.C. No. 6993 of 2002: Satyendra Singh V/s. The Union of India and Ors). The contention before this Court is that he is entitled to sustain the petition before the Patna High Court and receive consideration on merits on the petition which he has filed.

2. While the Court is not going into the aspect of the jurisdiction so much for the simple reason that the petitioner himself desired that he be heard here. The Court has heard the petitioner. The Court will leave the observations of the learned Judge as they lie on the record. From the facts as have been narrated in the petition and the supplemental records, the Court finds that the petitioner has suppressed material facts from the High Court. The Court will revert to this aspect later.

3. The petitioner was a Lance Nayak with the Army. He received a movement order on 17 October, 1999 at Allahabad for joining Sriganga Nagar on 28 October, 1999. The petitioner did not report to his unit on the scheduled day. The petitioner himself is conscious of the fact that not to report for duties when calle