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2020 Supreme(HP) 394
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Tarlok Singh Chauhan, Jyotsna Rewal Dua, JJ.
Sumedha Bhatti - Appellant
Versus
State of Himachal Pradesh - Respondent
Civil Writ Petition No. 2518 of 2020
Decided On : 13-08-2020
D.N. Sharma, Advocate, Ajay Vaidya, Advocate
Government servants must adhere to rules and regulations, maintain discipline, and act in accordance with the law. Leave cannot be claimed as a right, and employees must apply for leave in accordance with the law.
Headnote:
Earned Leave - Government Servant - No specific act or section referenced
Fact of the Case:
The petitioner, a government servant, availed earned leave and was subsequently ordered to be transferred. The petitioner did not join the transferred station and instead requested an extension of her leave, which was not sanctioned. The petitioner also faced disciplinary actions for absence from duty and misconduct.
Finding of the Court:
The court found that the petitioner's conduct was not in accordance with the rules and regulations governing government servants. The court dismissed the petition, stating that the petitioner cannot dictate terms to the respondent by seeking ex post facto sanction of earned leave in the absence of any provision for the same.
Issues: Misconduct, Absence from Duty, Sanction of Earned Leave, Disciplinary Action
Ratio Decidendi: Government servants must act strictly in accordance with the rules and regulations. Leave cannot be claimed as a right, and employees must apply for leave in accordance with the law. The court emphasized the importance of discipline and good conduct for government servants.
Final Decision: The petition was dismissed, and the court found no merit in the petitioner's claims. The parties were left to bear their own costs.
JUDGMENT
Tarlok Singh Chauhan, J. - The petitioner is an Assistant Commissioner of State Taxes & Excise (for short ACST&E) and while posted at Daharamshala, had availed earned leave w.e.f. 26.12.2018 to 05.02.2019. In the integrumm, vide order dated 02.01.2019, the petitioner was ordered to be transferred as Assistant Commissioner of State Taxes & Excise at Nurpur.
2. The petitioner instead of joining at the transferred station claimed to have made a request for extending her earned leave from 06.01.2019 to 07.03.2019. In addition thereto, it is averred that such request was also forwarded through FAX to the Joint Commissioner of State Taxation and Excise office at Palampur. The petitioner thereafter also contacted in the office telephonically, who assured that the leave would be sanctioned ex post facto.
3. Subsequently, vide order dated 11.02.2019, the petitioner was ordered to be transferred and posted at the headquarter Excise and Taxation Commissioner, Shimla, where she joined as such on 19.03.2019. Further the petitioner has also not been paid the salary from August 2019, constraining the petitioner to file the instant petition for the grant of the following substantive reliefs:-
(i) That writ in the nature of mandamus may very kindly be issued, directing the respondents to pay her salary for the period of January 2019 and February 2019 and further the salary for the period from August 2019 to till date.
(ii) That the respondents may kindly be directed to sanction the earned leave of the petitioner submitted by her from 06.01.2019 to 07.03.2019 and as submitted by her, as ex post facto.
(iii) That the writ in the nature of certiorari may kindly be issued and the false and frivolous show cause notice issued by respondent No. 2 dated 29.06.2019 (copy of the said notice has not been served on the petitioner and is also not in her possession) may kindly be quashed and set aside and further illegal, arbitrary proceeding and further action in furtherance of said notice on the back of petitioner, may be quashed and set aside.
(iv) That the writ in the nature of certiorari may kindly be issued and the Annexure P-7 which has been issued arbitrary on false and frivolous, may very kindly be quashed and set aside.
(v) That the respondent may very kindly be directed to provide the proper sitting office to the petitioner with conducive environment as has been provided to the other female officer and as has been prescribed in the Prevention of Women Sexual harassment.
4. When the petition came up for consideration for the first time on 21.07.2020, the respondents were directed to file reply/instructions. In terms of the instructions so received, it is pointed out that the petitioner in respect of the leave availed w.e.f. 17.12.2018 to 16.03.2019, had to submit revised request letter which despite repeated request has not been produced by her in the office of respondent No. 4.
5. It is also averred that the Joint Commissioner, State Taxes & Excise (GST), on 25.05.2019, informed that the petitioner was on leave for the last two weeks and not coming to the office regularly, on account of which work assigned to her is pending and her presence was marked on the biometric machine only on 10.05.2019.
6. Apart from that, there is no record of the petitioner being present in the office. It is due to her absence from the office without obtaining prior sanction or permission that the salary was stopped from the month of July, 2019 and on 29.06.2019 a Show Cause Notice was issued to the petitioner to which the petitioner neither replied nor remained present in the office. Earlier also, when the petitioner was also posted at Sirmour and Kangra, she remained absent from official duty and did not obey the order of the superior authorities. It was on account of constant willful absence of the petitioner, that a Show Cause Notice was issued to her. Despite this, there is no change in the conduct, behavior and responsibility of the petitioner towards he
