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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 :
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.
2.1 Since despite repeated notices, petitioner did not appear before Enquiry Officer, therefore, Enquiry Officer examined departmental witnesses and submitted ex-parte enquiry report Annexure D-3 dated 14-3-2016 to the Disciplinary Authority, holding guilty to the petitioner that, she is unauthorizedly absent from her duty since 16-12-2013 without sanction of leave. The Disciplinary Authority accepted enquiry report and the finding mentioned therein and based on that report, vide impugned order
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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