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15.By way of Reply, the Learned Counsel for the Respondents submits that the Petitioner joined duty as 'Masalchi', in the Court of the Judicial Magistrate No.II, Chengalpattu on 01.03.2007 and within a week of his joining duty, he was on 'Unauthorised Absence' from duty for the period from 07.03.2007 to 13.03.2007 and at the time of joining on 14.03.2007, he submitted a Leave Application on 'Medical Grounds' and by taking a lenient view, his 'Unauthorised Absence' was http://www.judis.nic.in treated as 'Extraordinary Leave on Medical Certificate'. Once again, the Petitioner had not reported to duty from 01.06.2007 onwards and hence, the Learned Judicial Magistrate No.II, Chengalpattu, sought an explanation on 05.06.2007 from the Petitioner and also reported the same to the Higher Authorities. Because of the reason that the Petitioner failed to submit his explanation, he was issued with a Memo dated 18.07.2007 by the Learned Judicial Magistrate No.II, Chengalpattu, who directed the Petitioner to appear in person, failing which, he would be terminated from service by initiating 'Disciplinary Proceedings', as he was working on 'Temporary Basis'.

17.It is the version of the Respondents that the Learned Judicial Magistrate No.II, Chengalpattu, in her Memo dated 28.11.2007, had called for explanation from the Petitioner for his absence from 15.11.2007 by Registered Post with Acknowledgment Due. But, the same was returned 'Unserved' with an endorsement 'Intimation Delivered, Not Claimed' and the same was informed to the Third Respondent on 07.12.2007. In fact, the Learned Judicial Magistrate No.II, Chengalpattu, on 14.02.2008, while reporting to the Third Respondent about the 'Unauthorised Absence' of the Petitioner from 14.11.2007, had stated that the Petitioner, from the date of joining duty in the Judicial Department, had not attended the Office regularly and he was in the habit of absenting from duty unauthorisedly on many occasions. Furthermore, he is of an adamant nature and insubordinate to his superiors and hence, he may be terminated from service. A copy of the Report had also been submitted to the Second Respondent.

32.In the present case, it is not in dispute that the Petitioner joined duty as 'Masalchi' on 01.03.2007 in the Court of the Judicial Magistrate No.II, Chengalpattu. He remained absent unauthorisedly for the period from 07.03.2007 to 13.03.2007. He submitted a Leave Application on 'Medical Grounds' and by adopting a lenient view, his 'Unauthorised Absence' was treated as 'Extraordinary Leave on Medical Certificate'. As a matter of fact, the Petitioner, from 01.06.2007, had not turned up for duty and that, he submitted his explanation to the Learned Judicial Magistrate No.II, Chengalpattu and he was directed to appear in person through Memo dated 18.07.2007 and accordingly, he appeared in person and offered his explanation for his 'Unauthorised Absence' from 01.06.2007 to 23.07.2007 for 53 days on 'Medical Grounds' and requested that he may be permitted to join duty on 24.07.2007 and his absence may be treated as 'Leave on Loss Pay'. The Third Respondent had granted 'Extraordinary Leave on Medical Certificate' without Pay and Allowances to the Petitioner.

33.Again, the Petitioner had not turned up on 15.11.2007 after availing Casual Leave for three days from 12.11.2007 to 14.11.2007 http://www.judis.nic.in and till 28.11.2007. When an explanation was called for from the Petitioner for his absence from 15.11.2007 by Registered Post with Acknowledgment Due, the same was returned 'unserved' with an endorsement 'Intimation Delivered, not Claimed' and the same was informed to the Third Respondent/Registrar General, High Court, Madras on 07.12.2007. The Learned Judicial Magistrate No.II, Chengalpattu on 14.02.2008 had informed the Third Respondent about the 'Unauthorised Absence' of the Petitioner from 14.11.2007 stating that the Petitioner had not attended the office regularly and he was in the habit of absenting from duty unauthorisedly on numerous occasions. Further, he is of an adamant nature and insubordinate to his superiors and hence, he may be terminated from service and also submitted a copy of the Report to the Second Respondent.