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2007(1) C.G.L.J. 451
HIGH COURT OF CHHATTISGARH, BILASPUR
S.K. Agnihotri, J.
R.C. VERMA – Petitioner
Vs.
STATE OF C.G. & OTHERS – Respondent
Writ Petition No. 2736 of 2006
Decided on : 5-2-2007.
Suspension - Allegations of Absence and Misconduct - Gram Swaraj Abhiyan - Order 16.4.2006 - Summary of Acts and Sections: Suspension, Misconduct, Government Servant, Departmental Enquiry - The court discussed the suspension of the petitioner under the Gram Swaraj Abhiyan and the relevant legal provisions governing the temporary deprivation of functions and the pendency of departmental enquiry.
Fact of the Case:
The petitioner was suspended for remaining absent from the Gram Swaraj Abhiyan and not taking interest in teaching activities. The petitioner had left the headquarters without permission during the ban period and was found absent from duty during the Gram Swaraj Abhiyan.
Finding of the Court:
The court found that the suspension order was not a malafide exercise of powers and that the petitioner had left the headquarters without permission during the ban period. The court also noted that the suspension was temporary and did not involve punishment with evil consequences.
Issues: The issues revolved around the petitioner's absence from the Gram Swaraj Abhiyan, the refusal of leave, and the subsequent suspension.
Ratio Decidendi: The court held that the suspension was temporary and did not involve punishment with evil consequences. It also emphasized the necessity of proper enquiry into the alleged charges levelled against the petitioner.
Final Decision: The petition was dismissed, and there was no order as to costs.
1. By this petition, the petitioner has impugned the order dated 24.5.2006, whereunder the petitioner was placed under suspension in view of the allegations of remaining absent from the Gram Swaraj Abhiyan and furthernot taking interest in teaching activities.
2. The facts; in nutshell, are that the petitioner was working as Lecturer in Government Higher Secondary School, Manpur, districi - Rajnandgilon. The Collector issued the order dated 16.4.2006 (Annexure R/1), stating therein that the State Government under the direction of the Chief Minister has decided to visit rural areas from 8th May, 2006 to 11th May 2006 and 15th May 2006 to 18th May 2006 under the Gram Swaraj Abhiyan. It was specifically stated in the order that all the officers/employees appointed for the purpose of the Gram Swaraj Abhiyan would adhere to the time schedule strictly. The petitioner was also directed vide order dated 19.4.2006 (Annexure P/3) to attend the training to be held on 26.4.2006 in the Higher Secondary, School, Manpur.
3. The petitioner participated in the training on 26.4.2006. On the same day the petitioner made an application to the Chief Executive Officer, Janpad Panchayat, Manpur (Annexure P/4) for leave to attend High Court of Chhattisgarh, Bilaspur in connection with the contempt case filed by his wife Smt. Manju Verma.
4. According to the respondents, in view of the ban on leave the permission for leave was refused. The petitioner despite refusal of leave tailed to attend the office and proceeded on leave. The Sub Divisional Officer (Revenue), Mohla vide memo dated 19.5.2006 (Annexure R/2) informed to the Collector that the petitioner during training made an application for leave which was not granted to him. The petitioner was informed about the schedule of the Gram Swaraj Abhiyan by letter dated 10/11.5.2006 and the same was pasted on the house of the petitioner, as the petitioner left the office without permission of the competent officer. The said letter dated 10/11.5.2006 (Annexure P/5) was sent to the petitioner for attending the Gram Swaraj Abhiyan in block chowky/mohral/Manpur. The petitioner was assigned the duties at following places :-
8.5.2006 - Salhehatti, Bagdogri,
9.5.2006 - Gudaras, Gattepayli,
12.5.2006 - Warkunji, Gattegahan,
13.5.2006 - Dogargaon, Medhakhurd,
15.5.2006 - Sarkheda Morchul,
16.5.2006 - Bodegaon, Ghothiyakanhar,
17.5.2006 - Palebhatthi, Halepayli.
The letter was further sent by registered post, also which according to the petitioner was received on 18.5.2006. On 17.5.2006 the concerned Minister visited Manpur, On that day the petitioner was not found there on duty and it was further complained by the residents of the area that the petitioner remains absent invariably and he does not take any interest in teaching also. The concerned Minister directed the Additional Commissioner, Scheduled Caste and Scheduled Tribe Welfare Department, Rajnandgaon to place the petitioner under suspension. Accordingly the impugned order dated 24.5.2006 (Annexure P/1) was passed.
5. Miss Deepali Pandey, learned counsel appearing for the petitioner impugned the suspension order on the ground that the order is malafide exercise of powers as wife of the petitioner Smt. Manju Verma has filed a contempt petition against the Assistant Commissioner Tribal Welfare, Rajnandgaon. The order which was alleged to have not been complied with was received by the petitioner on 18.5.2006 and it was not possible for him to comply with the same. The petitioner has shown extraordinary results in the examination. The petitioner had made an application for leave, the same should have been granted which was not done and the petitioner could not be punished for the same. She lastly contended that the suspension order be quashed on the ground of non-availability of the material for alleged irregularity.
6. Shri V. V. S. Murthy, learned Deputy Advocate General with Smt. Anju Ahuja, Deputy Govt. Advocate, appearing for the re
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