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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARESH KUMAR CHANDRAVANSHI
Anju Bairagi W/o Shri Suresh Das – Appellant
Versus
State Of Chhattisgarh Through The Secretary, Department Of Women And Child Development – Respondent
| Table of Content |
|---|
| 1. termination based on purported unauthorized absence. (Para 1 , 2 , 3) |
| 2. arguments regarding illness and failure to appear. (Para 4 , 5) |
| 3. court's discussion on procedural adherence. (Para 6 , 8 , 9 , 10) |
| 4. consideration of proportionality in disciplinary actions. (Para 11 , 12 , 14 , 15) |
| 5. final order for reconsideration of penalty. (Para 16 , 18 , 19) |
ORDER :
Naresh Kumar Chandravanshi, J.
1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India challenging order (Annexure P-1) dated 11-4- 2017 issued by respondent No. 2, whereby service of petitioner has been terminated with immediate effect, on the ground of unauthorized absence from the duty for long period.
2. Facts of the case, as projected by the petitioner are that, she was appointed on government job on 20-10-1986 and she was working as Montessary Teacher at Child Observation Home, Durg, CG. She sent applications for casual leave on 10-12-2013, 11-12-2013, 12-12-2013 and 13-12-2013, subsequently, she sent application (Annexure P-2) dated 16-12-2013 to the respondent No. 4/ District Programme Officer, Durg for grant of 10 days earned leave on the ground of her illn
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
Unauthorized absence from duty must be proven willful to constitute misconduct; penalties must be proportionate to the offense and consider the employee's service record.
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.
The court emphasized the need for adherence to procedural fairness in disciplinary proceedings, ruling that arbitrary termination without due process is unenforceable.
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