MANI RAM DHRUB Vs. STATE OF CHHATTISGARH THROUGH SECRETARY

JUDGEMENT

(1.) THE petitioner was appointed on temporary basis, by order dated 23-12-1998 (Annexure A-3), for a period of 2 years on probation with a condition that if the petitioner remains absent, his service can be terminated with one month's notice or one month's salary in lieu of notice. THE petitioner was appointed in accordance with law.

(2.) THE petitioner remained absent during probation period in the month of January for 5 days, February for 4 days, March for 8 days and April for 6 days, which is evident from the show-cause notice dated 16-4-1999 (Annexure A-4). THE petitioner submitted his reply to the show cause by Annexure A-5. It is further pointed out by learned Counsel appearing for the petitioner that the respondents have sanctioned leave for absence of the petitioner in the month of February and March.

(3.) IT is well settled principle of law that if the service of the petitioner is on temporary basis, the employee can be removed from service as no longer required. There is no necessity to hold an enquiry before passing the removal order. IT is apparent that despite show-cause notice, the petitioner has not mended his conduct and continued to remain absent for about 5 to 7 days in other month. There is no stigma attached to his removal order and no prejudice is caused to the petitioner that he was not given sufficient opportunity of hearing by submitting his response to the show-cause notice.