John Michael Cunha, J.

This petition is directed against the order passed by the Karnataka Administrative Tribunal at Bengaluru in Application No. 1527/2012 dated 20.07.2016 (Annexure-'C') where under the Administrative Tribunal has rejected the application filed by the petitioner seeking to quash the O.M. dated 14.1.2011 issued by the respondent/the Commissioner of Public Instructions.

2. We have heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The petitioner was appointed as F.D.A. vide notification dated 28.09.2005. He was posted at the Government High School, Andersonpet, KGF in Kolar district. He was on probation. As per the conditions of appointment, the petitioner was required to pass the departmental examination within two years from the date of appointment. The petitioner having failed to pass the departmental examination and also having remained continuously absent from duties, the appointing authority/respondent found the petitioner unsuitable to hold the post, hence, by office memorandum dated 14.1.2011 he was discharged from service. The petitioner challenged the said order before the Administrative Tribunal contending tha