Sunil Ambwani, J. - (1.) Heard Sri Pradeep Chandra for petitioner and Sri Vivek Birla, for respondents.
(2.) Brief facts, giving rise to this writ petition, are, that petitioner was appointed an attendant on daily wages in the office of General Manager Cantt, U.P. State Handloom Corporation Ltd., G.T. Road, Kanpur on 15th October 1987. His services were extended from time to time. On 12th January, 1990, he was appointed on probation for a period of one year and was thereafter confirmed. Petitioner was thereafter transferred to Bahraich on 29th January, 1990. He also received the benefit of annual increments. The Joint Director of U.P. State Handloom Corporation, Kanpur issued a show cause notice to petitioner on 13.8.2002 for explaining his absence since 7.8.2002. It has been explained in Para 16 of the writ petition that he submitted the joining report on 17.8.2002 along with an application for medical leave. On 7.9.2002, he was again asked to explain his absence since 7.8.2002. Petitioner submitted an explanation on 9.9.2002, stating that on account of his illness, he was hot able to join. On 27.9.2002, a notice was given to him by registered post for explanation of his absence from duties upto 27.9.2002. On 30.9.2002, petitioner submitted his explanation to the Director of Management, U.P. State Handloom Corporation, Kanpur in writing, that he submitted his joining report on 11.9.2002, which was not accepted by dealing official Shri Ram Kumar Shukla, on the ground that he should first resume his duties at the residence of Managing Director otherwise he be treated absence from duties.
(3.) By the impugned order dated 20.11.2002, the Managing Director, U.P. State Handloom Corporation Ltd., Kanpur terminated the lien of his service with effect from 9.9.2002, in exercise of his powers under Chapter VIII, Rule 63-A of U.P. State Handloom Corporation Limited (Officers and Staff) Service Rules, on the ground of his continuous absence without leave.;