Judgment :- 1. 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. 2. 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. 3. Heard Mr.T.P.Prabakaran, learned counsel appearing for the petitioner and Mr.V.Ayyadurai, learned counsel appearing for the Respondent. 4. 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. 5. 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. 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. 6. 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. 7. 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. 8. 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. 8. 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.