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2003 Supreme(SC) 64

SHIVARAJ V.PATIL, H.K.SEMA
Union Of India – Appellant
Versus
A. P. Bajpai – Respondent


JUDGMENT

Shivaraj V. Patil, J.-This appeal is directed against the order dated 27th May, 1996 passed by the Central Administrative Tribunal, Lucknow Bench. The respondent No. 1 was appointed as Assistant Central Ad Intelligence Officer -II/G/in short A.C.I.O.-II in the Intelligence Bureau, Ministry of Home Affairs as a temporary employee. His performance was found to be unsatisfactory on account of his negligence and dereliction of duties as he was found sleeping during duty hours on 24.6.1990 when he was posted at airport, New Delhi; he frequently went on leave and as such remained on leave for about six months during his tenure of about one and half years which is not disputed and he left the station and absented himself from duty in anticipation of sanction of leave from 16.4.1992 on account of his marriage and the marriage of his cousin sister. Under the circumstances, an order of termination simpliciter was passed exercising power under sub-rule (1) of Rule 5 of Central Civil Services (Temporary Service) Rules, 1965 (for short "the Rules").

2. The respondent No. 1 made representation against the said order of termination of his services which after consideration was rejected by










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