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ANAND PATHAK
Ram Prasad Saral – Appellant
Versus
State of M. P. – Respondent
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 16.11.20
The importance of providing an opportunity of hearing to the employee/petitioner before passing any adverse order, as mandated by the principles of natural justice.
Court affirmed 'No Work No Pay' applies where absence is unauthorized and justified by inquiry findings.
The court ruled that treating the petitioner's absence as unauthorized was arbitrary, as he provided medical documentation and was not given a fair hearing.
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