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Judgment
Hon''ble Chief Justice and A. Arumughaswamy, J.—This Writ Petition is filed for the issue of a Writ of Certiorarified Mandamus to call for
the records in pursuant to the termination order issued by the Principal District Judge, Coimbatore in A.No.1/2011 D.No.9442/2011 dated
28.11.2011 and quash the same and direct the respondents to reinstate the petitioner in the post of Office Assistant with back wages and
consequential attendant benefits. The facts of the case in brief are as follows:-
The petitioner was appointed by the first Respondent as Masalchi-cum-Night Watchman in Class IV of Tamil Nadu Basic Service with effect from
03.07.2009. Thereafter, he has been transferred and posted as Office Assistant in Class III category 5 of Tamil Nadu Basic Service in the existing
vacancy at the Additional District Court (CBI Cases), Coimbatore Subsequently, at his instance, he was transferred and posted as Office Assistant
at the Additional District Court (Fast Track Court No. V), Tiruppur. He was absent from duty with effect from 19.04.2011 without giving any
leave application. Hence, memo has been issued to him by the second Respondent on 23.05.2011 for his absence, calling upon him to offer his
explanation within seven days. He gave an explanation only on 31.05.2011. In the explanation, he has stated that he is taking treatment in the
hospital for his anaemic condition and due to his illness, he could not attend the work. Thereafter, as per the letter dated 04.11.2011 issued by the
first Respondent, he was asked to appear before the District Judge on 08.11.2011 for an enquiry. Thereafter, the learned District Judge passed
the impugned order on 28.11.2011.
Heard Mr.T.P.Prabakaran, learned counsel appearing for the petitioner and Mr.V.Ayyadurai, learned counsel appearing for the Respondent.
The contention of the learned counsel appearing for the petitioner is that due to medical reasons the petitioner could not attend the work. Hence,
the termination order may be set aside and he may be reinstated.
The contention of the learned counsel appearing for the Respondents is that the petitioner was unauthorizedly absent from duty for more than
326 days without assigning any reason. Even this Court has referred him to the Kovai Medical Board at Kovai Medical College on 10.08.2012
and pursuant to the orders of this Court, the Kovai Medical Board has examined the petitioner and found him fit to work. Hence the reasons given
by the petitioner are not correct. Hence, he prayed that the writ petition has to be dismissed.
From the perusal of the records, it is seen that the petitioner was temporarily appointed as Masalchi-cum-Night Watchman in Class IV of Tamil
Nadu Basic Service on 03.07.2009 and subsequently transferred and posted as Office Assistant in Class III category 5 of Tamil Nadu Basic
Service, in the existing vacancy at Additional District Court (CBI Cases), Coimbatore. Thereafter, at his instance, he was transferred and posted
as Office Assistant at Additional District Court (Fast Track Court No. V), Tiruppur. Since he had been on unauthorized absence from 19.04.2011
without giving any leave application, a memo was issued calling for explanation from the petitioner, to which he replied stating that due to ill health,
he could not attend duty. At the time of issuing memo, he was absent for 211 days. Thereafter, the termination order was passed.
The contention of the learned counsel for the petitioner is that he was suffering from anaemic condition and due to medical reasons he could not
attend the work. To ascertain this fact, this Court has directed the petitioner to appear before the Kovai Medical Board at Kovai Medical College
Hospital, Coimbatore. Accordingly, a special Medical Board was constituted and after examining the petitioner, the Board issued a fitness
certificate stating that the petitioner is fit to work and he was only prescribed Vitamin Tablets. The statement of the petitioner that his absence is
only due to medical reasons was also proved to be incorrect. Since the petitioner is an Office Assistant in the Judicial Department, his presence is
essential for the day-to-day work to assist the Court. Hence, his unauthorized absence of 326 days cannot be condoned. In the normal course, in
these types of cases, the appointing authority generally frames charges. Thereafter, enquiry officer is appointed and after due enquiry final orders
are passed. This is a case arising out of peculiar circumstances where the individual was working only for a few days and thereafter, he was
unauthorizedly absent for 211 days. Even after producing the medical certificate he has not chosen to attend the duty. Later on, only final orders
have been passed by the appointing authority viz., the Principal District Judge. This Court also referred him to the Kovai Medical College Hospital
to appear before the Medical Board so as to examine about his fitness and from the report of the Medical Board, it was found that he was fit to
work. Therefore, from this it is very clear that the individual has no intention to continue in service. In such a case even if an opportunity is given by
remanding the matter for framing charges and to go ahead with the enquiry, it will be prove to be only an exercise in futility. Providing such
opportunity will be nothing but an empty formality. In such peculiar circumstances of this case, we are of the opinion that no prejudice will be
caused to the petitioner in not framing the charges and not conducting the enquiry. Therefore, we are of the view that the termination order passed
by the appointing authority, the Principal District Judge, Coimbatore need not be interfered with and we uphold the same. This writ petition
therefore is dismissed. No costs. Consequently, M.P.No.1 of 2012 is closed.