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RAJANI DUBEY
Chandadevi Shrivastava W/o Virendra Kumar Shrivastava – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
The petitioner has preferred the present writ petition under Article 226 of the Constitution of India for setting aside the order dated 13.3.2012 (Annexure P/1) issued by respondent No.3/CMHO, Narayanpur whereby she has been denied salary for a period from June, 2002 to February, 2003.
2. Brief facts of the case, as narrated in the petition, are that the petitioner is working as ANM under Primary Health Center, Orcha. On 8.9.2003 a charge sheet was issued to her alleging that she is absent from headquarters Kohkameta and is residing and doing work from Narayanpur. Salary of the petitioner from May, 2002 to February, 2003 was withheld and departmental enquiry was initiated. The petitioner in her detailed reply denied the allegations, however, after departmental enquiry, on 12th August, 2010 (Annexure P/4) an order passed withholding one increment of the petitioner without cumulative effect.
Since after departmental enquiry, there was no order for withholding salary, the petitioner requested the respondent authorities for grant of withheld salary from May 2002 to February 2003 but the same was denied to her stating that during the said period, she was absent and this charge has
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.
The appointing authority must follow the required procedure for dealing with unauthorized absence and initiate disciplinary proceedings before denying salary to an employee.
The duty of the appointing authority to initiate disciplinary proceedings to determine unauthorized absence before denying salary entitlement.
Court affirmed 'No Work No Pay' applies where absence is unauthorized and justified by inquiry findings.
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