NITIN MALIK Vs. HARYANA VIDHAN SABHA

JUDGEMENT

(1.) In the present civil writ petition, the petitioner has sought quashing of order dtd. 5/7/2016 (Annexure P-3) whereby the services of the petitioners were terminated.

(2.) Pursuant to advertisement dtd. 24/3/2013, the Haryana Staff Selection Commission advertised one post of Deputy Secretary. The petitioner being eligible applied for the above said post. He was interviewed by duly constituted Selection Committee on 29/4/2013. The petitioner was selected and offered appointment as Deputy Secretary on 1/5/2013 (Annexure P-1) and he joined on 2/5/2013 (Annexure P-2) and vide impugned order dtd. 5/7/2016 (Annexure P-2), the services of the petitioner were terminated considering the petitioner on probation.

(3.) On notice, a written has been filed on behalf of respondent Nos. 1 and 2. In the written statement, the date of appointment and the date of joining of the petitioner was admitted but it has been stated that the petitioner was not regularly attending the office since December, 2014 and remained absent without submitting any kind of leave and without intimation in the office. It has been admitted that the total period of probation including extension if any, shall not exceed three years as per proviso of Rule 10 (3) of Haryana Vidhan Sabha Secretariat Service Rules, 1981 (for short 'Rules 1981'). However, it has been stated that the petitioner has joined on 2/5/2013 and maximum period of three years was to expire on 1/5/2016 but the petitioner remained absent from duty for more than six months on various dates i.e 8th, 15th to 18th, 22nd to 24th, 29th to 31/12/2014, 1st, 2nd, 5th, 6th, 8th, 12th, 13th, 15th, 16th, 20th, 22/1/2015, 4th and 5/2/2015, 30/6/2015 to 6/7/2015, 5/8/2015, 1/1/2016 to 22/4/2016.