- (1.) This writ petition is directed against an order of termination, passed against the petitioner on 6.5.1998. The order records that without any prior intimation petitioner remained unauthorizedly absent since 15.8.1997, and has not reported for duties despite issuance of a show cause notice dated 21.10.1997, nor has submitted any leave application, and since the services of petitioner are otherwise temporary, he is terminated from service.
(2.) A perusal of the record reveals that petitioner was initially appointed on 6.10.1978, as a purely temporary employee, on the post of Sarvey Kanoongo in the applicable pay scale of Rs.165-215 till 28.2.1979. Petitioner, however, was continued in the employment of respondent State and pursuant to order of transfer, he worked at different stations. A counter affidavit has been filed in the petition, in which it is admitted that petitioner was appointed on 6.10.1978 and he was transferred from Baharaich to Mirzapur on 8.7.1994, and thereafter he was transferred to Allahabad. It has further been stated in the counter affidavit that petitioner without any intimation or sanctioned leave absented from duty and a show cause notice dated 21.10.1997 was sent to him at his place of address. It has also been stated in para 3 of the counter affidavit that petitioner was sanctioned leave without pay from 15.8.1997 to 12.11.1997, and that he has attended his duties from 1.12.1997 to 12.12.1997, whereafter he again absented from duty, resulting in passing of the order of termination.
(3.) The order of termination is challenged by stating that petitioner had rendered more than 19 years of satisfactory service, and the finding recorded in the order of termination that petitioner had absented from service since 15.8.1997 is factually incorrect. It is claimed that petitioner had fallen seriously ill, and had sent intimation of his illness vide application dated 15.12.1997, by registered post, which has been ignored. It has then been submitted that as petitioner was removed from service on a charge of unauthorized absence, it amounted to an act of misconduct, for which an enquiry was required to have been conducted, but was not done. It is further contended that no show cause notice was issued to the petitioner and the alleged notice dated 21.10.1997 was never served upon the petitioner and had otherwise lost significance as the petitioner had in fact joined thereafter and he was also paid salary for the 12 days' working in the month of December, which renders the finding in the order unsustainable. It is also urged that the order impugned is bad for non compliance of the provisions of U.P. Temporary Government Servants (Termination of Service) Rules, 1975, (hereinafter referred to as 'the Rules of 1975'), inasmuch as notice of one month or salary in lieu thereof was given to the petitioner.;