ORDER

1. The present petition is preferred by the petitioner being crestfallen by the order dated 8.7.2014 (Annexure P-1) passed by the Additional Director (Administration) from the Office of Directorate Health Services by which case of the petitioner on the basis of non-authorized absence for the period of 21.6.2011 to 25.11.2011 and from 1.12.2011 to 17.1.2012 was treated as Diesnon.

2. Precisely stated facts of the case are that petitioner was holding the substantive post as Medical Specialist (Class-I Officer) in Public Health and Family Welfare Department. At the relevant point of time, petitioner was holding the post of Specialist in Community Health Center (CHC) Bhitarwar, District Gwalior in addition to the charge of Block Medical Officer.

3. Vide order dated 4.6.2011, he was transferred from Bhitarwar, District Gwalior to District Anooppur and he was relieved on 20.6.2011. As per submissions, petitioner was relieved from the additional charge of Block Medical Officer on 5.7.2011 (Annexure P-4). It appears that during that period, petitioner as well as his wife fell seriously ill and both underwent treatment but ultimately his wife succumbed to her illness and died on 16.11.2011.

4. Petitioner duly intimated his sickness to the Civil Surgeon, Anooppur vide letter dated 11.7.2011 (Annexure P-5) and he was examined by the BMO at CHC, Bhitarwar on 6.7.2011. Thereafter, he got himself examined from Dr. K.K.Tiwari (Professor and Head, Chest and Tuberculosis) at G.R.Medical Collage. Copy of relevant documents are annexed with the petition.

5. After conducting last rites of his wife and making arrangements of his 16 years old son, who was alone at Gwalior, he joined at Anooppur on 26.11.2011 and he remained there for some days from 1.12.2011 to 17.1.2012, he applied for earned leave vide Annexure P-13. On 17.1.2012, he joined at Anooppur and remained there till 9.2.2012, when he was transferred back to Bhitarwar, Gwalior. A show cause notice dated 24.2.2012 was issued to the petitioner regarding his absence for which he responded by filing reply.However, vide impugned order dated 8.7.2014, his period referred above was treated as Dies-non.

6. It is the submission of counsel for the petitioner that order is punitive in nature and without jurisdiction and can be passed only by the disciplinary authority which is State Government in the case of petitioner whereas order has been passed on behalf of the Director Health Services, not by the State Government. The order entails forfeiture of one increment and therefore, could not have been passed without full fledged inquiry because petitioner denies the allegations and given explanation for his absence duly intimated from time to time. In absence of any departmental inquiry, order is vitiated.

7. Learned counsel for the petitioner relied upon 2007(3) MPHT 362, Mahesh Kumar Shrivastava v. State of M.P. and others and raised the point that order is non-speaking order and no reason has been assigned. According to him, leave applications were submitted to the Civil Surgeon who was duly competent to allow or reject the same but it appears that applications were deliberately kept pending and Civil Surgeon did not pass any order on the application whereas sent incorrect information to the Director Health Services about absence of petitioner. Therefore, he prayed for setting aside the impugned order.

8. Learned Government Advocate opposed the prayer and submitted that since Dies-non does not have any adverse effect on the pension of the petitioner therefore, no full fledged inquiry is required. He relied upon the order dated 5.12.2018 passed in W.P.No.5350/2017 (Annexure R-1) passed by coordinate Bench of this Court at Gwalior. Therefore, he prayed for dismissal of present petition.

9. Heard the counsel for the parties and perused the documents appended thereto.

10. This is the case where petitioner has suffered Dies-non for more than 6 months. First time between 21.6.2011 to 25.11.2011, around five