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2021 Supreme(HP) 622

JYOTSNA REWAL DUA
JAI NAND SON OF SHRI NARD CHAND – Appellant
Versus
STATE OF HIMACHAL PRADESH THROUGH SECRETARY (EDUCATION) TO THE GOVT. OF HIMACHAL PRADESH, H. P. SHIMLA, H. P. – Respondent


Advocate Appeared:
For the Appellant :SH. NAVEEN K. BHARDWAJ, ADVOCATE
For the Respondent:ASHWANI SHARMA, SH. VIKRANT CHANDEL AND SH. KUNAL THAKUR, DEPUTY ADVOCATES GENERAL

ORDER :

Services of the petitioner, a regular employee, were terminated by respondent No.2 vide order dated 17.11.2018. This order has been assailed in the instant petition.

2. Facts

2(i) The petitioner was appointed as a part time water carrier on 02.08.1997. He was made a whole time contingent employee on 11.03.2005. On 07.08.2008, petitioner was made a regular Class-IV employee and posted as such in Government Middle School Sangalwara, District Mandi.

2(ii) As per the respondents:-

2(ii)(a) The petitioner remained willfully absent from the duties w.e.f. 20.10.2006 to 13.06.2007 and from 19.06.2007 to 05.08.2008. On 07.08.2008, the petitioner was made a regular Class-IV employee.

2(ii)(b) The petitioner applied for casual leave w.e.f. 22.02.2010 to 02.03.2010 i.e. for nine days, but thereafter, did not apply for extension of leave and remained willfully absent from the duties. He was asked to explain his position by the respondents, vide letter dated 11.02.2010, but he failed to furnish any explanation.

2(ii)(c) On 05.04.2010, the Principal, Government Senior Secondary School Jarol, District Mandi, was directed to inquire into the matter. The Principal submitted his inquiry report on 22

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