- (1.) In the instant writ application, the petitioner has inter alia, prayed for setting aside the administrative order no. 40/2004 dated 06.07.2004, passed by learned District & Sessions Judge, Hazaribagh whereby the services of the petitioner was terminated with effect from the date of his absence i.e. 28.06.2003, by challenging the legality and propriety of the said order on the ground that the impugned order of termination has been passed without initiating any departmental proceeding and without adhering to the principles of natural justice and petitioner has further prayed for reinstatement on the post of peon and for confirmation of his services as he has already worked for about three years prior to termination of his services.
(2.) The factual exposition, as has been delineated in the writ application, is that the petitioner was appointed in the post of peon, on compassionate ground on account of death of his father, late Madan Mohan Sharma, on temporary basis, vide District Judge Order No. 27 dated 06.04.2000. Pursuant thereto the petitioner joined on 26.04.2000 vide Annexure 1 to the writ application. The petitioner thereafter continuously worked for three years and accordingly three increments were given, as revealed from the Service Book of the petitioner vide Annexure 2 to the writ application. It has been further averred that even after completion of three years of continuous service, the services of the petitioner was not confirmed by the respondents although services of other similarly placed employees have been confirmed within a period of two years. It has been stated that the petitioner fell ill on 28.06.2003 and was treated by Dr. Surendra Prasad, Ex. Civil Surgeon-cum-Medical Officer, who diagnosed his illness as Sytic Lawerliazy Sperdram and advised him to take bed rest till 08.08.2003 as evident from the medical certificate, Annexure 3 to the writ application. Again the petitioner fell ill and got himself treated by the same doctor and he was advised to take complete bed rest from 08.08.2003 to 19.03.2004 as evident from Medical Certificate vide Annexure 4 to the writ application. It has been further averred that after recovery from illness, the petitioner gave his joining report and prayed for grant of extraordinary leave but he was informed by the Office of Judge-in-Chare (Admn.) and Nazir, Civil Court Hazaribagh that report has been made against the petitioner and same has been forwarded to the District & Sessions Judge, Hazaribagh. It has further been stated that when the copy of the report was demanded by the petitioner, the same was refused and it was stated that the order will be communicated to him. Thereafter, after waiting for some time, the petitioner applied for the certified copy of the order on 03.12.2005, which was supplied on the same date whereby the services of the petitioner was terminated w.e.f 28.06.2003. It has been stated that finally vide order dated 06.07.2004 passed by learned District & Sessions Judge, Hazaribagh the services of the petitioner was terminated, vide Annexure 5 to the writ application.
(3.) Per contra, learned counsel for the respondents has filed the counter affidavit controverting the averments made in the writ application. It has been stated at paragraph 15 of the counter affidavit that the notice was issued to the petitioner, who appeared on 22.06.2003 before the Registrar, Civil Court, Hazaribagh with an application to join his duties. It has been submitted that the petitioner was directed to produce the medical certificate but he did not file any such certificate and on 20.08.2003 another application was received in the office of District & Sessions Judge, Hazaribagh stating therein that the petitioner is sick and is under treatment in Jehanabad praying for commuted leave from 17.07.2003 to 15.09.2003. It has been submitted in the counter affidavit that the application was placed before the Registrar, Civil Court on 22.08.2003 and medical report was called for but the petitioner did not produce any medical report. It is further stated that petitioner further appeared in the Office of District & Sessions Judge and submitted an application for permission to join his duties with a prayer to grant him earned leave from 28.06.2003 to 19.03.2004.;