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Showing contexts for: SHIMLA in H.P. State Electricity Board Ltd vs Mahesh Dahiya on 18 November, 2016Matching Fragments
The appellant shall be referred to hereinafter as 'Board' and the respondent as the 'writ petitioner'. The writ petitioner, a native of District Rohtak, Haryana was appointed as Assistant Engineer in the Corporation in the year 1983. He was promoted as Assistant Executive Engineer in 1989. He was sent on deputation to the Rural Electrification Corporation of India and posted at Delhi. In the year 2005, writ petitioner was repatriated and posted at H. P. State Electricity Board, Shimla as Senior Executive Engineer. After repatriation, he remained on leave for 103 days. On 04.06.2005, writ petitioner was admitted in IGMC Hospital, Shimla from where, he was discharged on 16.06.2005. Writ petitioner obtained fitness certificate on 23.07.2005 from IGMC Hospital and joined his duties on 25.07.2005. After joining, he submitted leave application upto 23.07.2005 for post-facto sanction which was granted. On 30.07.2005, writ petitioner submitted a leave application on medical ground with permission to leave station. Without awaiting for sanction of the leave, writ petitioner left the station. With reference to leave application dated 30.07.2005 submitted by the writ petitioner, he was advised vide letter dated 25.08.2005 of the Chief Engineer to appear before the Medical Board.
The Chief Medical Officer D.D.U. Hospital, Shimla was requested to constitute a Medical Board to examine and confirm about the illness. Writ petitioner was advised that joining will be accepted only on production of the medical certificate of the Medical Board. The letter was sent to his hometown Rohtak. When nothing was heard from writ petitioner, telegrams were further sent on 07.09.2005, 30.09.2005 and 21.10.2005, asking the writ petitioner to appear before the Medical Board. On 30.09.2005, writ petitioner was also given warning that disobedience will invite the disciplinary action. Lastly, on 02.12.2005, writ petitioner was again directed to appear before Medical Board, Shimla otherwise disciplinary action will be initiated and the matter has been viewed seriously by Board authorities. Writ petitioner did not appear before the Board, and consequently, he was placed under suspension by order dated 21.01.2006. The writ petitioner obtained a Medical-cum-Fitness Certificate from Rohtak and he visited IGMC Shimla on 18.02.2006 for obtaining a Medical Certificate. IGMC Shimla issued a medical certificate on 18.02.2006. Joining report dated 20.02.2006 was submitted before the Superintending Engineer (Op.) Circle, HPSEB. Writ petitioner on 27.02.2006 submitted a representation for revocation of his suspension.
7. This court issued notice on 31.08.2015 and has also stayed operation of the judgment dated 09.04.2015.
8. Learned counsel for the appellant in support of appeal contends that Article of Charge against writ petitioner consisted two parts of charge i.e. (i) Willful absentation from official duty and (ii) disobeying the directions of the superiors. He submitted that even if it is assumed for the arguments sake that writ petitioner was absent from his official duties on account of the illness, there is no answer to the second charge of disobedience of the directions of the superiors. He contends that writ petitioner submitted an application on 30.07.2005 for grant of medical leave with seeking permission to leave station and without awaiting sanction of the leave had left Shimla and continued to be absent for more than six months without leave having been sanctioned and in spite of written order from the Chief Engineer dated 25.08.2005, 07.09.2005, 30.9.2005, 21.10.2005 and 02.12.2005 failed to appear before the Medical Board disobeying the orders.
14. The charge against the writ petitioner as framed was to the following effect:
“That the said Er. Mahesh Dahiya while functioning as Sr. Executive Engineer [Elect] in the office of the Chief Engineer (Comm.] HPSEB, Shimla- 4 during the period from 2005-06 proceeded on leave on 30.07.2005 on medical ground. Er. Dahiya was repeatedly directed vide Chief Engineer [Comm.] HPSEB, Shimla-4 letter dated 25.08.2005, 07.09.2005, 26.10.2005 and 02.12.2005 to appear before the Medical Board but Respondent failed to do so. Thus, Dr. Dahiya has willfully absented himself from official duties and has disobeyed the directions of his superiors. Respondent has therefore acted in a manner which is unbecoming of an officer of his status. The said Er. Mahesh Dahiya, Sr. Executive Engineer [Elect.] has thus violated the provisions of Rule-3[1](i)(ii) (iii) of CCS Conduct Rules, 1964 and which made him liable for disciplinary action under Rule-14 of CCS[CCA] Rules-1965.”