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news details
DB stays termination of employee
10/9/2021 11:15:49 PM
Early Times Report
JAMMU, Oct 9: A division bench of High Court stayed the termination of an employee posted in Principal District & Sessions Judge Srinagar with observations that absence from duty, howsoever long, cannot result in automatic cessation of employment.
The petitioner Shahnwaz Shah had challenged the order 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.
The petitioner said that he has been appointed against the post of orderly in terms of Order 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.
Taking note of the absence of the petitioner, the competent authority 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 DB after hearing both the sides observed that the petitioner is admittedly holding the post of orderly against a clear vacancy and while on probation, has been terminated from service by application of Rule 21 (1) (b) of the CCA Rules of 1956 on the charges of absence from duties. The DB observed that the power available with the competent authority under the said rule is only to discharge the probationer from probation in the event the performance is found not satisfactory.
The DB observe the petitioner has satisfied the principles of grant of interim relief and issued notice returnable within four weeks and ordered that in the meanwhile, the operation of the impugned order shall stay and the petitioner shall be allowed to perform his duties as orderly.
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