The Patna High Court dismissed this Letters Patent Appeal challenging the termination of a peon's probationary services for continuous absence. The court held that absence during probation negates satisfactory conduct, making termination unnecessary for enquiry rather than conduct-based misconduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.387 of 2014
Arising out of
Civil Writ Jurisdiction Case No. 18644 of 2012
=========================================================== Deepak Kumar Rai, S/o Sri Jawahar Rai, Resident of Village - Sumbha Deorhi, P.S. Singhia, District – Samastipur.
.... .... Petitioner - Appellant
Versus
.... .... Respondents - Respondents
=========================================================== Appearance:
For the Appellant/s : Mr. For the Respondent/s : Mr.
===========================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 07-09-2016
Heard learned counsel for the parties.
to an order passed by Single Judge of this Court dated 31.01.2014 whereby writ application challenging the termination of the services during probation period on 27.05.2009 remained unsuccessful.
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serving two notices for directing the appellant to join duties, the appellant did not join, then his services were terminated on 27.05.2009. The order reads as under:
“Shri Deepak Kumar Rai a Class-IV employee appointed vide Order No. 40G of 2008 dated 17.03.2008 and joined on 27.03.2008 on probation. He has been continuously absent since 15.11.2008. In view of report of the Sarishtedar and Registrar, his services are no longer required.
Accordingly, the service of Shri Deepak Kumar Rai from Govt. Services stands terminated with effect from 27.05.2009.
“You joined service on 27.03.2008 and remained absent for a period of 23 days from April to July’2008, 3 days each in the month of August and September’2008, one day in October and 19 days in November’2008 and continuous absent since 15th November, 2008 without giving any prior information.
A registered notice with specific direction to join was sent to you on 13.01.2009 which was received by your brother on 14.01.2009.
Again as per direction of the Hon’ble High Court contained in Letter No. 5648/Admn. (Misc.)
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dated 02.05.09 notice was issued to you on 13.05.09 through special messenger which was received by your mother on 15.05.2009, wherein it was made clear that if you fail to join immediately, you may be terminated from service but still you did not join till 27.05.09 and accordingly vide order no. 82/G dated 27.06.2009 your service was terminated.
This fact was intimated to Hon’ble Court through this office Letter No. 1611/G dated 28.05.2009.
Accordingly, considering the above facts your application is not liable to be considered.”
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even after he was served upon a notice dated 12.01.2009 and thereafter another notice was served on 13.05.2009 calling upon the appellant to join duties and again he did not join his duty. Thereafter, the order of termination as mentioned above was passed.
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in the enquiry, the order of termination was passed. The court held that the order is stigmatic. In the present case, admittedly, the appellant has absented from duty continuously from 15.11.2008 and have not reported for duty even after two notices were served. Therefore, the order of termination of services was rightly passed during the probation period.
dismissed.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
Mishra/-
AFR/NAFR N.A.F.R. CAV DATE N.A. Uploading Date15.09.2016 Transmission N.A. Date
3 issues framed by the court
Whether termination of probationer services for absence from duty without enquiry violates principles of natural justice.
Whether service termination during probation period for absence constitutes stigmatic action requiring inquiry.
Whether notices served on family members sufficiently call upon appellant to join duty.
Colour shows how this judgement treated each authority
Pavanendra Narayan Verma v. Sanjay Gandhi PGI of Medical SciencesDistinguished¶33
(2002) 1 SCC 520,Pavanendra Narayan Verma v. Sanjay Gandhi PGI of Medical Sciences. · Who else cites this
3 provisions across 1 enactments
Deepak Kumar Rai
State Of Bihar through Secretary, Law Deptt.
Registrar, Civil Court
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
