Madhya Pradesh High Court
Rajaram Yadav vs Public Health And Family Welfare ... on 20 June, 2017
W. A. No.292/2017
20.06.2017
Shri Anand Agrawal, learned counsel for the appellant.
Heard on the question of admission.
By this intra-court appeal, the appellant is challenging
the order dated 23.02.2017 passed in W. P. No.3146/2009 by
which, learned Writ Court affirmed the orders dated
06.12.2005 and 04.07.2008 by which he was terminated from
service and the appeal against his termination order has been
dismissed by the appellate authority.
Facts of the case are that the appellant was appointed on
the post of Surveillance Worker on 01.03.1974 issued by the Malaria Unit Officer, NMEP Unit, Indore. By order dated 07.06.1978, the appellant was transferred from Indore to Mandsaur and thereafter, vide order dated 29.07.1978, he was relieved from Indore to join at Mandsaur. Since his wife was at that time in the advanced stage of pregnancy and was not keeping good health, therefore, he requested the authorities to permit him to continue at Indore for a period of three months and he was retained at Indore for a period of three months and, thereafter, vide order dated 04.06.1979, he was relieved from Indore to join at Mandsaur Unit.
No document has been filed to prove that his request was accepted by the authority.
As per averments made in the writ petition, in the month of October, 1980, he went to join at Mandsaur but he was not permitted to join on the ground that if higher authorities from Bhopal permit his joining, then only he would be allowed to join the duties.
The appellant approached the writ court by way of W. P. No.459/2004(s) seeking direction to the respondents to accept his joining. On 24.03.2004, the writ petition was disposed of with an observation that if he is in service, there is no reason why the respondents would not permit him to join his duties.
Vide letter dated 14.03.2005, the respondent No.1 had directed the respondent No.2 to allow the appellant to join the duties with a liberty to initiate disciplinary proceedings against him and the appellant was permitted to join and accordingly, charge sheet dated 04.04.2005 was issued to the appellant alleging unauthorized absence from 04.06.1979 till 03.03.2005.
The charges were denied by the appellant and contended that he was not medically fit to join the duties. Though, no departmental enquiry was conducted for more than 25 years, therefore, now, it cannot be issued after the lapse of 7 years. After holding departmental enquiry, vide order dated 06.12.2005, the appellant was terminated from service under the provisions of Madhya Pradesh Civil Service (Classification, Control and Appeal) Rules, 1966 (in short "the Rules of 1966") on the ground of unauthorized absence.
Before passing the order of dismissal, the enquiry report was sent to the appellant but he did not give any reply/objection to the enquiry report.
Against the order of dismissal, the appellant preferred an appeal under Rule 24 of the Rules of 1966. Vide order dated 04.07.2008, the appellate authority had dismissed the appeal on the ground of long absence of 24 years.
The appellant challenged the charge sheet only on the ground that it cannot be issued beyond the period of 7 years from the date of unauthorized absence. As per charge sheet, the allegation against the appellant was that he has been continuously unauthorized absence since 04.06.1979. He has not been charged for unauthorized absence in the year 1979, but he has been charged for continuous unauthorized absence, therefore, his writ petition was dismissed by the Writ Court on the ground of his long unauthorized absence from the duties i.e. 25 years.
On due consideration of the aforesaid facts and circumstances of the case, we are of the view that the punishment is neither harsh nor excessive, specially when the appellant is not having any justification for his long unauthorized absence from the duties.
For these reasons, the writ appeal filed by the appellant has no merit and is accordingly, dismissed.
(P. K. Jaiswal) (Rajeev Kumar Dubey)
Judge Judge
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