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T. MADHAVI DEVI
P. Satyanarayana – Appellant
Versus
Principal Secretary – Respondent
ORDER :
1. In this writ petition, the petitioner is challenging the impugned proceedings dated 07.12.2013 passed by the respondent No. 3 in removing the petitioner from service as Office Subordinate at District Insurance Office, Medak at Sangareddy, as illegal, arbitrary and prayed for setting aside of the same and consequently to direct the respondents to continue the petitioner to discharge his duties as Office Subordinate and pay the salary with effect from 10.07.2012 and also to treat the absence period on medical leave and to pass such other order or orders in the interest of justice.
2. Brief facts leading to the filing of the present writ petition are that the petitioner was appointed as an Office Subordinate under the control of respondent No. 3 in the year 1991. Since the date of his appointment, the petitioner was discharging his duties as Office Subordinate and it is claimed that he fell ill and was admitted to the hospital in the year 2008 and therefore, he had applied for medical leave with effect from 22.12.2008. Since the petitioner was not able to recover from his illness, he was extending the leave from time to time on medical grounds and after recovery from illness,
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
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....
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
Principles of natural justice must be adhered to in disciplinary proceedings, and authorization of absence cannot be deemed misconduct if due to unavoidable circumstances, necessitating fair treatmen....
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
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