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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Sujeet Kumar Sahu S/o Makhan Lal Sahu – Appellant
Versus
State of Chhattisgarh Through The Secretary, School Education Department – Respondent
ORDER :
Amitendra Kishore Prasad, J.
1. Heard Mr. Praveen Dhurandhar, learned counsel for the petitioner as well as Mr. Hariom Rai, learned Panel Lawyer appearing for the State/respondents.
2. Aggrieved by the order dated 04.11.2022 passed by the respondent authority, namely the Secretary, School Education Department, Chhattisgarh, whereby the departmental appeal filed by the petitioner challenging the termination order dated 31.07.2018 has been rejected and the said termination has been affirmed, the petitioner submits that the appellate authority has proceeded on wholly erroneous and extraneous considerations.
3. The appellate authority has held that the petitioner was in the habit of remaining on unauthorized leave and that on earlier occasions notices were issued to him and a punishment of withholding of two increments with cumulative effect was imposed. It has further been observed that thereafter the petitioner again remained unauthorizedly absent and allegedly committed misconduct with co-employees and superior officers, including coming to office in an intoxicated condition and indulging in inappropriate behaviour. On the basis of the alleged acceptance of charges by the petiti
The court emphasized the need for adherence to procedural fairness in disciplinary proceedings, ruling that arbitrary termination without due process is unenforceable.
The punishment of dismissal was disproportionate to the offence of unauthorized absence from duty.
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
The court upheld the disciplinary authority's decision to impose a 100% pension cut for unauthorized absence, emphasizing the importance of discipline in public service.
Unauthorized absence must be proven willful to constitute misconduct; failure to provide a fair hearing violates principles of natural justice.
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
Point of Law : Service matter - Unauthorized and deliberate absence – Dismissal from service - Despite serious warning having been given to petitioner time and again by authorities concerned from ver....
The judgment emphasizes the importance of considering the defence of the delinquent employee and recording reasons in decision-making processes, highlighting the obligation to adhere to principles of....
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