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SANJAY DWIVEDI
Deenu Gohe – Appellant
Versus
State of M. P. – Respondent
ORDER
1. By the instant petition filed under Article 226 of Constitution of India, the petitioner is questioning the legality validity and propriety of orders dated 12.7.2019 (Annexure-P-1) and 4.1.2020 (Annexure-P-2).
2. By order dated 12.7.2019 the respondents after conducting exparte departmental enquiry as petitioner did not participate in it passed an order of removal from service as the charge leveled against the petitioner for unauthorized absence from duty was found proved. By order dated 4.1.2020 appeal preferred by the petitioner against the aforesaid order was rejected by the respondents.
3. To decide the controversy involved in the case, certain relevant facts need to be adumbrated in a nutshell are :-
4. The petitioner was appointed on the post of Assistant Manager (Technical) on 4.1.1990 and he was placed in Indira Sagar Project. Thereafter, by order dated 3.7.2017 he was sent to Gandhi Sagar Project for one month and on 21.8.2017 again that period has been extended for a period of one month.
5. The petitioner submitted a leave application for two days i.e 18.8.2017 and 19.8.2017 before Regional Manager Gandhi Sagar but after two days he did not join the duties. As per t
The main legal point established in the judgment is that the termination of an employee's service must adhere to the principles of natural justice, including providing the employee with a proper oppo....
The punishment imposed should meet the standards of fairness and be in strict compliance with principles of natural justice.
The central legal point established in the judgment is the requirement of conducting a regular enquiry and following the principles of natural justice before imposing major punishment in service matt....
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
The main legal point established in the judgment is the requirement for employees to adhere to procedural and leave rules, respond to requests for documentation, and comply with disciplinary proceedi....
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