RAKESH KUMAR PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has preferred this writ petition for issuance of a writ of certiorari for quashing the order dated 24.8.1995, whereby his services have been terminated and the order dated 7.11.2001 passed by the Central Administrative Tribunal rejecting the application filed by the petitioner. A brief reference to the factual aspects would suffice.

(2.) THE petitioner was initially appointed as an Assistant in the Ministry of Steel and Mines (Department of Mines), Government of India on 24.8.1994. His appointment was on probation for a period of two years, which could be curtailed or extended at the discretion of competent authority. The petitioner joined his duties on 28th November, 1994 and just after three days of his joining he moved an application for casual leave w.e.f. 1.12.1994. After the leave was over he failed to join his duties and made several applications for extension of his leave from time to time on the ground of personal/domestic problems. The Department sent telegrams to the petitioner that he should join his duties immediately. From the record it appears that the said telegrams were sent on 28.3.1995, 22.6.1995 and 17.7.1995. Inspite of the aforesaid communication, the petitioner did not join his duties. The Department appears to have had earlier rejected his leave applications and consequently, his services were terminated on 24.8.1995 due to his non -joining.

(3.) FEELING aggrieved by his termination, the petitioner preferred an O.A. No. 1395 of 1995 before the Central Administrative Tribunal, Allahabad Bench, Allahabad. His claim petition was rejected by the Tribunal, which took a view that as the petitioner was on probation, termination of his service was simpliciter and not punitive as to attract Article 311(2) of the Constitution.