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2003 Supreme(MP) 1031

S.P.KHARE
Govind Vakil – Appellant
Versus
Jawaharlal Nehru Krishi Vishwa Vidyalaya – Respondent


Advocates Appeared:
AKASH CHAUDHARY, P.N.DUBEY, SUJOY PAUL,

Judgment

( 1. ) THIS is a writ petition under Article 226 of the Constitution of India for quashing the order dated 19-11-1997 (Annexure P-1) by which the penalty of "stoppage of two annual grade increments with cumulative effect" has been imposed upon the petitioner and the order dated 13-1-2000 (Annexure P-26) by which his period of absence from 1-5-1981 to 15-2-1993 has been treated as "dies non" under F. R. 18.

( 2. ) THE petitioner was Assistant Professor in Jawaharlal Nehru Krishi Vishwavidyalaya (hereinafter to be referred to as the University ). He was served with a charge-sheet on 7-7-1986. There were two charges against him. The first was that he was in the habit of remaining absent from duty. He was absent from 25-4-1977 to 3-3-1981, The second charge was that he was absent from duty from 1-5-1981 to 7-7-1986 without the sanction of leave. So far as the first charge is concerned it was subsequently regularised. On the second charge the departmental enquiry was held. The petitioner submitted his reply. The enquiry report is dated 23-8-1997 (Annexure P-14 ). The enquiry officer has held that the petitioner could not justify his long absence. The petitioner took the plea that








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