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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, J.
Jyoti Yadav W/o Shri Manoj Yadav – Petitioner
Versus
State of Chhattisgarh – Respondent
W.P. (S) No. 3059 of 2018
Decided On : 11-12-2023
Termination - Unauthorized Absence - Chhattisgarh Panchayat Raj Adhiniyam, 1993, Chhattisgarh Teacher (Panchayat) (Cadre Recruitment and Condition of Service) Rule, 2012 - The court discussed the provisions of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 and the Chhattisgarh Teacher (Panchayat) (Cadre Recruitment and Condition of Service) Rule, 2012. It highlighted the requirement for proper procedure for imposing major penalty before terminating an employee from service and the need for conducting/initiating an inquiry for unauthorized absence before termination.
Fact of the Case:
The petitioner, a Shiksha Karmi Grade-I, was terminated from service due to unauthorized absence for seven years. The petitioner had taken medical and maternity leave and had sent leave applications, but no decision or inquiry was made by the respondent authorities before the termination.
Finding of the Court:
The court found that the termination order was premature, illegal, and against the principles of natural justice as proper procedure for imposing major penalty and conducting/initiating an inquiry for unauthorized absence was not followed.
Issues: Unauthorized absence, Termination of service, Compliance with procedure for imposing major penalty, Principles of natural justice
Ratio Decidendi: Before terminating an employee from service, proper procedure for imposing major penalty and conducting/initiating an inquiry for unauthorized absence must be followed. Failure to comply with these procedures renders the termination order premature, illegal, and against the principles of natural justice.
Final Decision: The court set aside the termination order and directed the reinstatement of the petitioner in service without back wages but continuity of service.
ORDER :
1. The petitioner has filed this petition under Article 226 of the Constitution of India being aggrieved by order dated 24.09.2016 (Annexure P/15) issued by Respondent No. 4, whereby the petitioner has been terminated from service on the ground of her unauthorised absent from duty for seven years.
2. Brief facts of the case, as projected by the petitioner, as under:
(ii) Thereafter, the petitioner was on leave from 29.08.2013 to 28.04.2014 on account of her physical ailment (backage and slipped-disk) and after availing medical leave she joined her services on 29.04.2014 (Annexure P/1).
(iii) Thereafter, from 07.10.2014 to 07.04.2015, the petitioner was on maternity leave and joined her duties on 07.04.2015 (Annexure P/2). After availing maternity leave, the petitioner applied for earned leave to take care of her newly born child and accordingly proceeded on leave from 08.04.2015 to 29.04.2015 and gave her joining on 30.04.2015 (Annexure P/4).
(iv) Thereafter, the petitioner applied for leave from 16.06.2015 to 15.07.2015 on medical ground and she had to join on 16.07.2015, however, vide letter dated 15.07.2015 (Annexure P/5), the petitioner prayed for further leave till her joining on the ground of her physical ailment.
(v) The petitioner was served with a show cause notice dated 25.08.2015 (Annexure P/6) by respondent No. 4 and sought for her explanation for petitioner’s unauthorized absence. The petitioner duly replied to the show cause notice vide Annexure P/7 explaining the cause of her leave.
(vi) On 16.10.2016, the respondent No. 4 issued a letter (Annexure P/9) for submitting medical certificate of District Medical Board. Accordingly, the petitioner duly replied to the letter dated 16.10.2016 and submitted required medical certificate (Annexure P/11).
(vii) On 30.03.2016, the petitioner sent a registered letter (Annexure P/12) with medical certificate of doctor to respondent No. 4 for extending leave which was expiring on 31.03.2016. Thereafter, the petitioner wrote a request letter enclosing medical certificate (Annexure P/13) to respondent No. 2 for grant of leave from 16.06.2016 to 15.07.2016 on medical ground endorsing the copy of the same to respondent Nos. 3 and 4.
(viii) The respondent No. 3, vide letter dated 24.08.2016 (Annexure P/14) informed the petitioner that her leave case has been sent for sanction to respondent No. 4, however, no action/proceeding was taken on the said letter and vide order dated 24.09.2016 (Annexure P/15), the respondent No. 4 terminated the services of the petitioner.
(ix) The petitioner vide letter dated 09.10.2016 (Annexure P/16) replied to the termination order issued by respondent No. 4 explaining the cause of her leave on medical ground.
(x) Thereafter, the petitioner against the termination order dated 24.06.2016, preferred an appeal (Annexure P/17) before the Commissioner, Durg, which was dismissed by the Commissioner vide order dated 07.12.2017 (Annexure P/20) on the ground of delay. Hence, the present writ petition has been filed by the petitioner with the following reliefs:
“10.1. That, the Hon’ble Court may kindly be pleased to allow the petition by setting-aside order dated 24.09.2016 (Annexure P/15) issued by respondent No. 4 be held to be illegal and without authority since no enquiry of unauthorized leave has been made as per Apex Court decision, therefore, declining the appellate authority respondent No. 5 to hear the appeal on merits holding it to be time barred vide order dated 07.12.2017 be set-aside and the petitioner be directed to be reinstated in service with back wages and if necessary t
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
The court emphasized the need for adherence to procedural fairness in disciplinary proceedings, ruling that arbitrary termination without due process is unenforceable.
The main legal point established in the judgment is the requirement for employees to adhere to procedural and leave rules, respond to requests for documentation, and comply with disciplinary proceedi....
The central legal point established in the judgment is the requirement of a formal inquiry as prescribed by Rule 7 of the Chhattisgarh Panchayat Service (Discipline & Appeal) Rules 1999 before imposi....
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