The petitioner while working as a second division assistant, Town panchayath, Somwarpet, Kodagu district, remained absented himself for some days. Based on those allegations and so also report of the Chief Officer, Town Panchayath, Somwarpet, the Deputy Commissioner, Kodagu district, Madikeri and an official memorandum dated 6.9.2011 of the Project Director, District Urban Development Cell, the petitioner has been discharged from service vide Annexure-J. The petitioner being aggrieved by the order of discharge, presented the above writ petition.

2. The petitioner was appointed as a SDA on compassionate ground on 24.07.1997 in the pay scale of Rs.10401900. He was on probation for a period of two years. His probation period came to be completed on 23.07.1999, the date on which he completed two years of service. However, the appointing authority did not extend the period of probation of the petitioner and allowed to continue in service. The petitioner passed departmental examinations namely Municipal and Local Boards in the second sessions, 2006 and he has also passed General Law Part-I and Part-II, and Accounts Higher during the first session, 2009 which is evident from Annexures-‘B’ and ‘C’ respectively.

3. The petitioner remained absented himself in the year 2011 for which show cause notice was issued on 21.6.2011 to show cause within three days for remaining absent on 15.06.2011, 17.06.2011 and 20.06.2011 and further stating that the Chief Officer, Town Panchayat, Somwarpet, has come to the conclusion that the services of the petitioner is not required in his Office, further stated that why he should not recommend to transfer the petitioner, failing which, it is understood that Chief Officer would be recommending for initiation of departmental enquiry under Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (for short, “KCS(CCA) Rules, 1957”). When things stood thus, the Chief Officer, Pattana Panchayath, Somwarpet, issued a memorandum to the petitioner stating that his services have been relieved by the Chief Officer, Kodagu District, Madikeri, with effect from 16.08.2011 from the Office of the Pattana Panchayath, Somwarpet, and further directing the petitioner to handover the project work and audit paras which were assigned to him before 5.00 P.M. on 22.9.2011 vide Annexure-G. The Chief Officer, Pattana Panchayath, Somwarpet, issued an official memorandum by which the petitioner has been relieved from the Office of the Pattana Panchayath, Somwarpet, on 29.9.2011. In the said O.M. certain allegations have been made against the petitioner stating that on number of occasions show-cause notices were issued despite that the petitioner has not rectified his conduct, he has no duty conscious and therefore, his services are not required in the Pattana Panchayathi, Somwarpet. Further, the petitioner was also directed to report in the office of the respondent consequent upon relieving him from service on 29.9.2007 vide Annexure-H.

4. In the meanwhile, the Deputy Commissioner, Kodagu District, Madikeri, based on the communication of the Chief Officer, Pattana Panchayathi, Somwarpet, dated 24.6.2011 ordered that the petitioner should be relieved from the post of SDA, Pattana Panchayathi, Somwarpet, with effect from 16.8.2011, while referring to the unauthorized absence of the petitioner, which has resulted in delay in implementation of assigned works. It was also pointed out that despite earlier show-cause notices issued to the petitioner the petitioner has not changed his conduct. These factual aspects have been made available to the Deputy Commissioner, Kodagu District, Madikeri.

5. On 19.4.2012 the respondent discharged the petitioner from service based on the O.Ms. dated 29.9.2011 and 2.1.2012 issued by the Chief Officer, Pattana Panchayathi, Somwarpet, and official Memorandum dated 6.9.2011 of the Project Director, District Urban Development Cell, Kodagu District, Madikeri. The aforesaid official memorandum