SEWAK RAM PURENA Vs. STATE OF C. G.

JUDGEMENT

(1.) The petitioner herein calls in question his order of removal dtd. 15/12/2011 (Annexure P1) passed by respondent No.2 removing him from the post of Peon appointed on 25/1/2008 ((Annexure P2) against SC category on collectorate rate and also calls in question the order dtd. 4/6/2011 (Annexure P7) as arbitrary and illegal.

(2.) It is the case of the petitioner that he was appointed on 25/1/2008 on the vacant and sanctioned post of Peon by the order of the competent authority on temporary basis on probation of two years and upon completion of period of probation, the petitioner was confirmed by express order in writing dtd. 21/4/2010 (Annexure P3) in accordance with the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 (hereinafter called as 'Rules of 1961'). Thereafter the petitioner was served with the notice on 20/9/2011 that his behaviour has been objected by one of the Judicial Member of Administrative Tribunal and his explanation was called, which he submitted on 23/9/2011 vide Annexure P5. Thereafter, on 17/11/2011 (Annexure P6) again he was served with showcause notice for certain act of indiscipline for seeking leave of 3 days in writing whereas he has obtained 1 day leave and thereafter by order dtd. 15/12/2011 (Annexure P1) his services have been terminated, which has been called by the petitioner as arbitrary, unsustainable, without jurisdiction and without authority of law.

(3.) Return has been filed by respondent No.2 particularly holding that on 4/6/2011 corrigendum / order has been issued omitting the word 'probation' in order of appointment dtd. 25/1/2008 as well as order dtd. 21/4/2010 confirming the petitioner after the period of probation, as such, the petitioner has been found guilty of grave misconduct, therefore, his services have been terminated after giving him one month salary in advance in lieu of notice.