Madhya Pradesh High Court
Amjad Khan vs The State Of Madhya Pradesh on 13 April, 2018
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WP-8472-2018
HIGH COURT OF MADHYA PRADESH
Writ Petition No.8472/2018
(AMJAD KHAN VS THE STATE OF M.P. )
Jabalpur, Dated 13-04-2018
Shri Dharmendra Soni, Advocate for the petitioner.
Ms. Namrata Agrawal, Government Advocate for the
respondents/State.
The challenge in the present writ petition is to an order dated 21.03.2018, whereby offer of engagement of the petitioner as Guest Faculty was withdrawn for the reason that the petitioner is abstaining from duty from 24.02.2018 without any information.
The petitioner was appointed as Guest Faculty (Librarian) on 07.09.2017 in the Govt. P.G. College Tikamgarh. He abstained from duties from 24.02.2018. The petitioner was informed vide communication dated 14.03.2018 by registered post that if he does not report to duty on or before 20.03.2018 till 5:00 P.M., his services will be terminated. It is, thereafter, the impugned order has been passed on 21.03.2018.
The petitioner relies upon his communication dated 17.03.2018 said to be delivered to the College on 20.03.2018 that he is admitted in the hospital; therefore, he is unable to join the duty. The petitioner relies upon medical certificate issued on 23.03.2018 by Dr. Firoz Ali, ...2...
WP-8472-2018 a private General Physician in support of the fact that he was hospitalized. A certificate to that effect is that the petitioner was under
treatment from 24.02.2018 to 22.03.2018 for hepatitis infection with acute pancreatitis and was advised bed rest.
We find that the argument that the petitioner was hospitalized is not made out in view of the medical certificate produced by him. The certificate advised for bed rest and not for hospitalization as alleged by the petitioner. Still further, the medical certificate is by a private medical practitioner and such certificate is not free from doubt.
The fact is that the petitioner was appointed as Guest Faculty and had remained absent from 24.02.2018 till 20.03.2018. Therefore, there was no option for the Principal of the College to cancel the offer of engagement of the petitioner as Guest Faculty so that cause of education of the students do not suffer.
Learned counsel for the petitioner relies upon a decision of the Division Bench in the case of Link Utsav Auto System Private Limited vs. State of M.P. 2016 (3) MPLJ 219 wherein, it has been held that for any action to be taken by the State, a reasoned order is required to be passed.
We do not find that the said judgment is of any help to the argument raised by the petitioner. The said judgment relates to termination of contract of High Security Registration Plates which has ...3...
WP-8472-2018 nothing to do with the engagement of the Guest Faculty on contract basis. The fact is that the petitioner was appointed as a Guest Faculty which is a contractual appointment. He remained absent from duty from 24.02.2018. Before withdrawing the offer of engagement, a notice by Registered post was sent to the petitioner but still he has chosen not to appear and join his duties. Therefore, the principle of natural justice stands complied with.
Consequently, we do not find any merit in the present petition and the same is dismissed.
(Hemant Gupta) (Vijay Kumar Shukla)
Chief Justice Judge
vinod
Digitally signed by VINOD VISHWAKARMA
Date: 2018.04.13 17:06:22 +05'30'