2001 Supreme(Gau) 53
GAUHATI HIGH COURT
A.K.Patnaik, J.
Kamala Rajen -Appellant
Versus
State of Meghalaya -Respondent
Civil Rule No. 42 (SH) of 1993
Decided On : 13-03-2001
Advocates Appeared:
Subir Sen , S.R.Sen, P.D.B.Barua
The main legal point established in the judgment is that the termination of employment under Regulation 9 (b) of the Regulations, 1960, does not constitute disciplinary action and entitles the employee to one month's pay in lieu of notice.
Headnote:
Termination of Employment - Disciplinary Action - Regulations 1960 - Summary of Acts and Sections: Regulation 9, 10 - The court discussed the termination of employment under Regulation 9 of the Assam State Electricity Board Employees' Service Regulations, 1960, and the provisions for disciplinary action and punishment under Regulation 10. The court analyzed the termination notice and the legal provisions to determine the legality of the termination.
Fact of the Case:
The petitioner, a Khalasi under the Meghalaya State Electricity Board, was transferred and posted multiple times but failed to report for duty at the new posting. His service was terminated due to continued absence without joining his new place of posting.
Finding of the Court:
The court found that the petitioner's service was terminated with notice under Regulation 9 (b) of the Regulations, 1960, due to his failure to report for duty at the new posting. The court also determined that the termination was not a result of disciplinary action.
Issues: The main issue was whether the termination of the petitioner's employment was in accordance with the Regulations 1960 and whether it constituted disciplinary action.
Ratio Decidendi: The court held that the termination was not a result of disciplinary action but was in accordance with Regulation 9 (b) of the Regulations, 1960, and the petitioner was entitled to one month's pay in lieu of notice.
Final Decision: The writ petition was dismissed, and the service of the petitioner was treated as terminated with effect from 2.12.1991, entitling him to one month's pay in lieu of notice.
The petitioner was working as a Khalasi under the Executive Engineer, Design Division (Civil), Meghalaya State Electricity Board (for short the MSEB), Umiam. He applied for leave on medical ground. By order dated 16.9.1989 of the Chief Engineer (Civil), MSEB, Shillong, the petitioner was transferred and posted as a Khalasi under the Executive Engineer, Garo Hills (Civil) Division, Tura, with immediate effect. On 28.9.1989 Executive Engineer, Design Division (Civil), MSEB, Umiam, passed an order granting earned leave on medical ground for a period of 54 days with effect from 2.9.1989 to 25.10.1989 to the petitioner as admissible under Regulation 13 (4) (c) of the Assam State Electricity Board Employees' Service Regulations, 1960, adopted by the Meghalaya State Electricity Board. In the said order dated 28.9.1989, the Executive Engineer further mentioned that in pursuance of the order dated 16.9.1989 of the Chief Engineer (Civil), the petitioner was released from Design Division (Civil) to enable him .to join in his new place of posting under the Executive Engineer, Garo Hills (Civil) Division, MSEB, Tura. After expiry of his leave, the petitioner instead of joining under the d Executive Engineer, Garo Hills (Civil) Division submitted a joining report dated 28.11.1989 before the Executive Engineer, Design Division (Civil) at Umiam. On 13.2.1990, the Executive Engineer (Civil), MSEB, Shillong, passed another order transferring the petitioner and posting him under the Executive Engineer, Garo Hills (Civil) Division, Tura, with Headquarters at Bajengdoba, West Garo Hills. Copy pf the said order dated 13.2.1990 was marked to the Executive £ Engineer, Design Division (Civil), MSEB, Umiam, asking him to release the petitioner immediately so that he could be engaged in the work taken by the said Division in Bajengdoba. Copies of the said order were also marked to the Executive Engineer, Garo Hills (Civil) Division, MSEB, Tura, and to the petitioner. Pursuant to the said order dated 13.2.1990 of the Executive Engineer (Civil), MSEB, Shillong, the petitioner was again released by order dated 20.2.1990 from the Design J Division (Civil), MSER, Umiam, to enable him to join under the establishment of Executive Engineer, Garo Hills (Civil) Division, MSEB, with Headquarters at Bajengdoba, West Garo Hills, and the copy of the said order dated 20.2.1990 was marked to the petitioner. The petitioner again applied for leave for 54 days with effect from 22.2.1990 to 16.4.1990, and on 17.4.1990 submitted a joining report before the Executive Engineer, Design Division (Civil), MSEB, Umiam and did not join under the Executive Engineer, Garo Hills (Civil) Division, MSEB, at Tura. On 31.5.1990, the Executive Engineer, Design Division (Civil), MSEB, Umiam, passed another order in modification of the earlier order dated 20.2.1990 releasing him on 31.5.1990 (afternoon) from his Division to enable him to join in his new posting under the establishment of Executive Engineer., Garo Hills (Civil) Division, MSEB wit& Headquarters at Bajengdoba, West Garo Hills. On 12.6.1990, the petitioner submitted another application for leave along with medical certificate on the ground that he was suffering from Tuberculosis. The said leave application was sent by the Executive Engineer, Design Division (Civil), Umiam, to the Executive Engineer, Garo Hills (Civil) Division, Tura, where he had been transferred, but the said application and other papers were sent back by the Executive Engineer, Garo Hills (Civil) Division to the Executive Engineer, Design Division (Civil), Umiam as the petitioner had not joined in Garo Hills (Civil) Division. Subsequently it appears that the petitioner was granted leave on medical ground upto 25.1.1991 on the recommendation of the Medical and Health Officer, RP Chest Hospital, Shillong. After 25.1.1991, however, the petitioner did not report for duty under the Executive Engineer, Garo Hills (Civil) Division. The petitioner was then officially
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