IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4779 of 2010 SANJAY KUMAR SINGH S/O SRI HARI KRISHAN SINGH R/O VILL AVADERA, P.S.DUMARAO, DISTT-BUXAR Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY AND HOME GOVT.OF INDIA,NORTH BLOCK, NEW DELHI 2. THE I.G.P. ,NWS, C.R.P.F. CHANDIGARH(U.T.) 3. THE D.I.G.P. JALANDHAR RANGE JALANDHAR, (PUNJAB) 4. THE D.I.G. (VIG.) null LODI ROAD, NEW DELHI 5. THE COMMANDANT (STAFF) O/O DIGP, C.R.P.F., JALANDHAR, (PUNJAB) 6. THE COMMANDANT , 137 BATTALION, C.R.P.F. ----------- 04. 26.04.2010 Heard learned counsel for the petitioner and the Union of India. 2. Petitioner is aggrieved by the termination notice dated 29.6.2009, Annexure-5 as also of the appellate order dated 7.12.2009, Anneuxre-7, whereunder his probation has been terminated and affirmed by the appellate authority. Learned counsel for the petitioner with reference to the judgment of this Court passed in the case of Dineshwar Pd. Singh Versus Smt. Manorma Devi, reported in 1978 BBCJ 669 submitted that information about the illness of the petitioner was sent to the authorities along with prescription of the attending doctor under certificate of posting, there is presumption of service by the addressee, namely, the authorities and from the appellate order dated 7.12.2009, Annexure-7 itself it will appear that plea of illness of the petitioner during the period of overstay has been accepted but the termination order has not been set aside on the ground that petitioner having become fit on 23.7.2009 did not join the duties and continued to over stay. It is submitted that probation of the petitioner having been terminated under notice dated 29.6.2009, Annexure-5 he had no occasion to submit his joining after he became fit on 23.7.2009 and in appreciation of such fact the appellate authority being satisfied about plea of illness of the petitioner should have set aside the termination notice so - 2 - submitted counsel for the petitioner. 3. Counsel for the Union of India has opposed the prayer. He states that termination notice having been issued in terms of Rule-5 of the Central Civil Service(Temporary Services) Rules, 1965 on the ground that petitioner overstayed for more than two months, this Court should not interfere in the matter 4. Having heard counsel for the petitioner and the Union of India, it appears that appellate authority was satisfied that overstay of the petitioner was on account of illness and in appreciation of such satisfaction it is observed by the appellate authority that petitioner having become medically fit should have resumed duty with effect from 23.7.2009 but such observation of the appellate authority is oblivious of the fact that his service stood terminated under termination notice dated 29.6.2009, as such, he had no occasion to join the place of duty after he became medically fit on 23.7.2009. 5. In the light of the finding and observations of the appellate authority, I set aside the termination notice dated 29.6.2009, Annexure-5 as also the appellate order dated 7.12.2009, Annexure-7 and direct the authorities to reinstate the petitioner granting him one more chance to serve the force. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)