NARENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) These two petitions were clubbed vide order dated 29.12.2016, for the reason that these are outcome of a common order dated 19.11.2015 made by the Central Administrative Tribunal (for short, 'impugned order'), are being disposed of by this common judgment. However, for the sake of clarity, facts from CWP No. 4481 of 2015 are being discussed herein.

(2.) Petitioner Narender Kumar, who was appointed as a 'Safaiwala' in the Rashtriya Military School, Chail, District Solan, H.P., on 5.11.2012 on probation for two years and joined on 20.11.201 He had taken 55 days' Extra Ordinary Leave for appearing in selection process for the post of Clerk with Assam Riffles in Nagaland. He was issued warning vide letter dated 03.09.2013, which was replied by him on 7.9.2013. Another disciplinary warning against him was issued on 11.7.2014 stating that he was sanctioned leave from 26.6.2014 to 28.6.2014 but he left the station on 25.6.2014 and reported back for duty on 30.6.2014. He was also directed to re-apply for leave from 25.6.2014 to 30.6.2014, which he did. Another disciplinary warning was issued on 5.8.2014 for remaining absent for seven days from 28.7.2014. It was also replied by the petitioner. One more disciplinary warning was issued on 18.9.2014 which was also replied by the petitioner. Probation period of the petitioner was extended from 23.3.2015 for another six months from 13.1.2015.

(3.) In terms of order dated 1.6.2015, services of petitioner were terminated. Petitioner questioned the same by the medium of OA No. 063/00092/2015-HP/2015 before the Central Administrative Tribunal, Chandigarh, and sought following reliefs: