SRI. VIJAY KUMAR, S/O BASANNA GHALLI AGE: 29 YEARS, OCC: EX. PEON IN THE COURT OF CIVIL JUDGE AND JMFC COURT, CHITTAPUR R/O HAGARGTUNDGI VILLAGE TQ & DIST. KALABURAGI Vs. THE CHIEF ADMINISTRATIVE OFFICER DIST. & SESSIONS COURT, KALABURAGI

JUDGEMENT

(1.) The order at Annexure-A whereby the petitioner was removed from the post of Peon by the District and Sessions Court, Kalaburagi is called in question.

(2.) Admitted facts are the first respondent called for the post of Peons at Annexure-A. The petitioner was selected under the category of 2-A (Rural) and was posted to the Court of Civil Judge and JMFC, Chittapur and he joined the duty on 09.10.2015. He was issued with show cause notice at Annexure-C calling upon his explanation about unauthorized absence from the evening of 15.10.2015 to 17.10.2015. The petitioner gave his reply as per Annexure-D contending that due to ill-health of his father, he left the head quarters. Subsequently, show cause notice was issued as per Annexure-E with allegations in addition to the allegation of unauthorized absence. The petitioner in his reply at Annexure-F extended unconditional apology. The additional allegation was about not submitting the Medical Certificate, Character Certificate in the prescribed format and the Caste Certificate furnished was time barred and despite the direction, he had failed to submit the said document though he had undertaken to furnish the same. Later vide order at Annexure-G dated 30.11.2015, he was discharged from service on the ground of unsuitability.

(3.) Sri Shivasharana Reddy, learned counsel for the petitioner submits that the petitioner is hailing from rural area and due to sudden ill-health of his father, had to leave the head quarters without informing the Chief Administrative Officer of the Court. As per the undertaking given by him, subsequently he produced the original documents in the prescribed format before the Chief Administrative Officer. The order at Annexure-F being stigmatic will mar his future career. He has also given unconditional apology and the same may be accepted and he may be taken on duty by quashing the order at Annexure-E. Learned counsel placed reliance on the judgment of this Court in the case of Kittur Muthappa Hanumanthappa Vs. Secretary to Government of Karnataka, Law Department (Administration), Bangalore reported in 1997 SCC Online KAR 235.