- (1.) Appellants have filed this appeal challenging the order dated 02. 11. 2018 passed by the learned Single Judge, whereby, writ petition filed by the respondent was allowed.
(2.) Respondent had filed writ petition challenging the order dated 18. 04. 2015, whereby, his services were terminated. Case of the respondent/petitioner, in brief, was that he was selected to the post of ASI/EXE in CISF and was issued provisional offer of an appointment vide letter dated 07. 08. 2014. Respondent was subsequently appointed in CISF with effect from 30. 08. 2014 vide order dated 16. 10. 2014. Respondent was on probation for a period of two years. Respondent applied for two days earned leave, i. e. , 18. 10. 2014 and 19. 10. 2014. The said leave was granted to the respondent. However, respondent could not join back his duty on account of his illness, and thereafter, respondent was involved in a false criminal case and was arrested and was released on bail vide order dated 04. 12. 2014. A notice was issued to the respondent by the appellants on 10. 11. 2014 seeking his reply as to why he had overstayed leave. Respondent intimated to the appellants that on account of his illness as well as his arrest in the criminal case, he could not join back his duty. However, services of the respondent had been terminated vide impugned order dated 18. 04. 2015 (Annexure-6 attached with the writ petition).
(3.) In reply to the writ petition filed by the respondent, it was averred by the appellants that respondent had been appointed in CISF with effect from 30. 08. 2014 vide order dated 16. 10. 2014. Respondent had applied for two days leave, i. e. , 18. 10. 2014 and 19. 10. 2014, but had thereafter overstayed leave. An application dated 22. 10. 2014 was submitted by the respondent alongwith medical certificate dated 22. 10. 2014 and the same was received by post by the appellants on 07. 11. 2014. Since, the appellant had overstayed leave without information, his services were terminated vide impugned order dated 18. 04. 2015.;