JUGAL KISHORE MANGARAJ Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application for a writ of certiorari to quash the order of termination of service.

(2.) BY order dated 25-2-1971, petitioner was appointed as a forester and it was stated :-

(3.) IN the counter affidavit filed by the Divisional Forest Officer, it has been pleaded that the petitioner had a temporary appointment and it was terminable at any time without assigning any reason. As petitioner had no right to the post, he is not entitled to any relief in the writ petition. It has also been pleaded that the order under Annexure-9 is a termination simpliciter and is innocuous and does not visit the petitioner with any penal consequences. It has been further indicated that the petitioner had left the place of service by making an application for casual leave from 8-11-1973 to 13-11-1973 with permission to avail Sunday i. e. 11-11-1973 on the ground of his father's illness. The leave application was rejected and petitioner was telegraphically required to report to duty. No application for extension of leave was received after 13-11-1973. The telegraphic communication required him to join duty by 30th of Nov. 1973, but it was not responded to and the belated application came for extension of leave on the ground of his own illness. Petitioner was in the habit of going on leave without permission and overstaying his leave. Keeping the unsatisfactory conduct of the petitioner's service in the background, the appointing authority terminated his service in terms of the order of appointment.