PRAKASH KACHHAWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition filed by the petitioner, the petitioner has prayed for quashing verbal termination order dated 31.3.2001 and prayed that the respondents be directed to reinstate the petitioner in service with all consequential benefits.

(2.) As per facts of the case, for filling up 2 vacant posts in the Motor Accident Claims Tribunal, Ajmer an advertisement was issued on 15.3.2000 whereby applications were invited for recruitment on the posts of Class IV employee. The petitioner being eligible applied in pursuance of the said advertisement and he was found suitable, therefore, after following the procedure laid down in the Rajasthan Class IV Service (Recruitment & Conditions of Service) Rules, 1963. The appointment was made on temporary basis along with other candidate Narsingh Ram in the pay-scale of 2550-55- 2660-60-3200. In the order of appointment, it was observed that the appointment is purely on temporary basis for three months. The tenure of appointment was further extended from time to time.

(3.) Thereafter, on 21.10.2000 a notice Annex. R/4/3 was given to the petitioner that he remained willfully absent from duty from 4.9.2000 to 7.9.2000 which is misconduct, therefore, explanation may be filed within three days. On the next day, another notice was given to the petitioner seeking explanation why he remained absent from duty from 18.9.2000 to 21.9.2000. The petitioner filed his reply to the notice dated 21.10.2000 and submitted that he became ill, therefore, he did not attend office for 4 days.