Punjab-Haryana High Court
Rishi Soni vs The Director General School Education on 24 May, 2013
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No. 11408 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CWP No. 11408 of 2013
Date of Decision : May 24, 2013
Rishi Soni
.... PETITIONER
Vs.
The Director General School Education, Punjab and another
..... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. Sunil Garg, Advocate,
for the petitioner.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner has approached this Court impugning the order dated 08.11.2010 (Annexure P-2) passed by the Director General School Education, Punjab-respondent No. 1 terminating the services of the petitioner because of his absence from duty for a period of more than two years without sanction of leave.
It is the contention of the counsel for the petitioner that the petitioner was appointed as a Computer Faculty/Computer Teacher and in pursuance thereto, he joined on 01.04.2005 at Government Senior Secondary School, Balachaur, District Nawanshahr. He was transferred from this school to GSSS Kheri Salabatpur, District Roopnagar. In the month of May, 2010, mother of the petitioner fell seriously ill and, therefore, he applied for leave CWP No. 11408 of 2013 2 from 01.07.2010 to 15.07.2010, which was duly sanctioned by the competent authority. In the interregnum, he got an opportunity to go abroad (England) and from there, he sought extension of leave for a period of three months, which was not accepted and the petitioner was marked absent w.e.f. 16.07.2010 onwards. Petitioner had some visa problem, because of which he could not return back to India and finally reported for duty in November, 2011. He was not allowed to join duty and, therefore, he met respondent No. 2 in the first week of December, 2011 and explained the whole situation but the said request of the petitioner was not accepted. In the meanwhile, he was informed that his services have been terminated vide order dated 08.11.2010 (Annexure P-2) on the ground of his absence from duty. Counsel for the petitioner contends that the termination of the services of the petitioner vide the impugned order cannot sustain.
It has been asserted that similarly placed employees have been allowed to join back the duty and, therefore, the petitioner could also be permitted to do the same and for that purpose, a legal notice dated 19.08.2012 (Annexure P-4) has been served upon respondent No. 1 but no response thereto has been received. Counsel contends that the impugned order be set aside and the petitioner be permitted to join his duties back.
I have heard the counsel for the petitioner and with his assistance, have gone through the records of the case. CWP No. 11408 of 2013 3
Admittedly, the petitioner took leave because of the ill health of his mother from 01.07.2010 to 15.07.2010, which was sanctioned by the competent authority but what appears from the pleadings and the records is that the leave, which was sought by the petitioner, was only an excuse to go abroad i.e. England. He being Government employee was required to get sanction of his leave prior to proceeding on the same. That apart, for Ex-India leave also, not even a request was submitted by the petitioner.
It is not a case of the petitioner that there were certain exigencies or situations which would have compelled the petitioner to immediately rush abroad but what has been stated is that he got an opportunity to go abroad and he grabbed the same. In these circumstances, the authorities had no option but to proceed to take action against the petitioner.
A perusal of the order dated 08.11.2010 (Annexure P-2) indicates that the principles of natural justice were complied with but that did not really work. The findings with regard to the absence of the petitioner from duty are apparent from the record and, therefore, no interference by this Court in the impugned order is called for.
In view of the above, finding no merit in the present petition, the same stands dismissed.
(AUGUSTINE GEORGE MASIH )
May 24, 2013 JUDGE
pj
CWP No. 11408 of 2013 4