application for earned leave from 20.11.2022 she onward she again remained absent and on 01.06.2005 after two years and 6 months she made an application for joining. Prior to that on 29.11.2012 a show cause notice issued to the petitioner (Annexure R- 3/4-3) which was replied vide Annexure R-3/4 that he was not keeping well. Though in the application he submitted that she was suffering from some asthmatic ailment however, medical documents file by the petitioner does not appear as such decease. The petitioner was frequently absent and without any substantial reason, the petitioner was remained absent for almost 3-4 years, the matter was placed by the Chief Executive Officer before the General Administrative Committee of the Janpad Panchayat disciplinary authority for major penalty. Ultimately, the impugned order was passed terminating the service of the petitioner. He submits that the Rule 7 of the Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 would not apply in the case of the petitioner as the petitioner has not been confirmed /regularized in the service ending her probation period. He further submitted that the termination of the probation employee is not a major punishment in lieu of explanation to Rule 5 of the 1999. He placed reliance the judgment of Hon’ble Supreme Court in case of Om Prakash Mann Vs. Director Of Education (Basic) and others reported in (2006) 7 Supreme Court Cases 558. Therefore, he submits that this petition is liable to be dismissed.
