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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
| Table of Content |
|---|
| 1. summary of the order and challenges against termination. (Para 1 , 2 , 3) |
| 2. petitioner's account of events and legal grounds for appeal. (Para 5 , 6 , 8 , 10 , 11 , 12) |
| 3. arguments regarding the legality of the termination process. (Para 9 , 15 , 18) |
| 4. court's analysis of procedural defects and principles of natural justice. (Para 26 , 27 , 35 , 36) |
| 5. final decision to quash orders and reinstate petitioner. (Para 39 , 40) |
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 no
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.
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