A probationer's services cannot be terminated arbitrarily and without following the principles of natural justice.

JUDGEMENT/ORDER :

Ali Mohammad Magrey, J.

1. Challenge in the instant petition, is laid to the Order bearing No. 925 of 2021/ Psy, dated 30.09.2021 for short impugned order, in terms whereof the service of the petitioner has been terminated with immediate effect in application of Rule 21-(1)(b) of the Jammu and Kashmir Civil Services (Classification, Control And Appeal) Rules, 1956, for short CCA Rules of 1956, on the grounds taken in the memo of writ petition.

2. Briefly put the case of the petitioner is that he has been appointed against the post of Orderly in terms of Order No. 427, dated 16.1.2020 against the available vacancy in District Srinagar, issued by the Principal District & Sessions Judge, Srinagar, on the basis of the selection made by the Selection Committee and as approved by the Competent Authority, and while performing his duties as such in the court of Principal Judge, Family Court, Srinagar, amidst the ongoing Covid-19 Pandemic, the petitioner proceeded on leave. The petitioner, however, was treated by the competent authority to be on unauthorized absence and initiated disciplinary action and issued the memorandum/charges along with note of explanation to the petitioner in terms of communication no. 3313/PDJS/Adm/2021, dated 31.08.2021. The articles of charges contained the allegations against the petitioner vis-a-vis his unauthorized absence from duties w.e.f. 22.05.2021 to 27.05.2021. The petitioner responded by filing reply on 9th September, 2021, and subsequent thereto, the respondents issued the impugned order.

3. Respondents, upon notice appeared and filed their reply wherein the claim of the petitioner has been resisted.

4. Perusal of the file reveals that the petitioner initially has been issued a show cause notice dated 21st May, 2021, asking him to explain his position within one (01) day of the issuance of the notice, which was followed by another notice dated 4th June, 2021 bearing No. 64/PJFC, asking him to explain his unauthorized absence as also for submitting a fake Covid-19 report. The notices were responded to by the petitioner in terms of the reply dated 4th June, 2021, stating therein that he had isolated himself for having developed covid symptoms and for his ill health he could not attend the office. The reply was followed by an application dated 7th June, 2021 wherein petitioner had tendered an apology and undertaken to remain careful in future. Thereafter, the Principal Judge, Family Court, Srinagar, in terms of communication No. 72/PDFCS dated 14.06.2021, addressed a communication to respondent no.1 seeking action under law against the petitioner after detailing out the alleged delinquency of the petitioner. It further appears from the perusal of the file that a Fact-Finding Enquiry Report, based on the statements of the officials of the Family Court, Srinagar, has been prepared by the respondent no. 3 and submitted to the respondent no. 1 vide No. R/R/HC/SGR/159 dated 02.08.2021. Thereafter, the respondent no. 2, in terms of communication No. 244/ Psy-581, dated 26.08.2021, sent a copy of the Memorandum/Charge Sheet to the Principal District & Sessions Judge, Srinagar, for serving the same upon the petitioner, wherein 15 days' time had been allotted to the petitioner for filing his reply to the same. The chargesheet was finally served upon the petitioner by the Principal District & Sessions Judge, Srinagar, vide his communication no. 3313/PDJS/Adm/2021, dated 31.08.2021. The chargesheet was replied by the petitioner on 09.09.2021, which did not find favour of the respondents, therefore, they issued the order impugned terminating his service.

5. We have heard learned counsel for the parties.

6. Mr. Faisal Qadri, learned senior counsel for the petitioner, has invited attention of the court to the memorandum of charges served upon the petitioner on 31.08.2021 so as to demonstrate that the charge against the petitioner of having remained unauthorizedly absent which perse amounts to misconduct