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RAJANI DUBEY
Shilly Thomas, Wife of Shri Vaughn Victor – Appellant
Versus
State of Chhattisgarh, Through the Secretary, Revenue & Disaster Management Department – Respondent
ORDER :
1. This petition under Article 226 of the Constitution of India has been filed for setting aside the order dated 16.2.2016 (Annexure P/1) as well as the order dated 26.8.2016 (Annexure P-11) passed by the respondent authorities whereby the suspension period of the petitioner from 25.10.2008 to 28.9.2011 has been declared as dies non and her representation against the said order has been rejected.
2. Brief facts of the case, as mentioned in the writ petition, are that when the petitioner was posted as Tahsildar at Arang, Distt. Raipur, on account of some health issues, she made application dated 29.10.2008 (Annexure P/3) for grant of leave to have treatment abroad. The said application was never replied to by the respondents and therefore, she moved another application dated 25.10.2008 (Annexure P/4) for grant of earned leave from 25.10.2008 to 19.1.2009 (for 87 days) which also evoked no response. The petitioner was carrying pregnancy at that time and having some complications, so she decided to have medical treatment and went to USA where her husband was working as Software Engineer and there she underwent many operations, however, her baby could not survive as a result ther
The importance of providing an opportunity of hearing to the employee/petitioner before passing any adverse order, as mandated by the principles of natural justice.
Court affirmed 'No Work No Pay' applies where absence is unauthorized and justified by inquiry findings.
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