- (1.) Heard learned counsels for parties and perused the record.
(2.) This writ petition is directed against the order dated 03.05.2010 whereby petitioner along with other officers working in Provincial Medical and Health Service Cadre (hereinafter referred to as "PHMS") has been terminated by exercising power under Article 311(2) and (3) of the Constitution of India on the ground that he has been continuously absent from service and for this reason, neither the medical services are being rendered to needy people, nor any other person can be appointed, nor even departmental enquiry is practicable since the petitioner is continuously absent and his whereabouts are not known.
(3.) Shri Ashok Khare, learned counsel appearing for petitioner submitted that the fact, that petitioner is continuously absent and his whereabouts were not known is factually incorrect, as the petitioner was working and discharging his duties at Community Health Center, Patiali, District Kanshiram Nagar, and when the impugned order of termination was communicated, Superintendent of the aforesaid Community Health Center actually relieved petitioner vide order dated 22.05.2010. He drew attention of this Court to para 9 and 10 of writ petition and stated that for short duration and from time to time, he had proceeded on leave which were duly sanctioned in due course of time. In any case when the impugned order was passed, he was actually discharging duties at Community Health Centre, Patiali, District Kanshiram Nagar. He further contended that though petitioner was actually discharging his duties in the aforesaid Community Health Centre, still in the impugned order, reason for his termination has been given that departmental enquiry is not practicable since whereabouts of the petitioner were not known, which is contrary to record and non est.;