Digitally signed 2024:CGHC:45215 by REKHA SINGH NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3946 of 2023

1 - Dr. Kamal Kumar Dahire S/o Gorelal Dahire Aged About 48 Years R/o Village Sirri, Tehsil And P.S. Pamgarh, District : Janjgir-Champa, Chhattisgarh ---- Petitioner versus

1 - The State Of Chhattisgarh Through The Secretary, Department Of Public Health And Family Welfare, Government Of Chhattisgarh Mahanadi Bhawan, Nava Raipur Atal Nagar, Chhattisgarh, 492002.

2 - The Additional Secretary Department Of Public Health And Family Welfare, Government Of Chhattisgarh Mahanadi Bhawan, Nava Raipur Atal Nagar, Chhattisgarh, 492002.

3 - The Chief Medical And Health Officer District Janjgir-Champa, Chhattisgarh.

... Respondents For Petitioner : Mr. Shalvik Tiwari, Advocate For Respondents/State : Ms. Shailja Shukla, Dy. G.A.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

20.11 . 2024

1) The petitioner has filed this petition seeking the following relief(s):-

“10.1 The Hon’ble Court may call for records from the respondents.

10.2 The Hon’ble Court may kindly be pleased to issue an appropriate writ or direction and quash the order of termination from service of the petitioner dated 31.03.2023 (Annexure P/1).

10.3 The Hon’ble Court may issue an appropriate writ or direction to the respondent authorities to permit the petitioner to rejoin his services as Medical Officer.

10.4 The Hon’ble Court may grant cost of petition to the petitioner.

10.5 The Hon’ble Court may grant any other relief as this Hon’ble Court may deem fit and proper in the nature and circumstances of the present case in the interest of justice.”

2) Mr. Shalvik Tiwari, learned counsel appearing for the petitioner would submit that the petitioner was appointed to the post of Medical Officer, Department of Health and Family Welfare at Community Health Center, Pamgarh, District Janjgir on 03.03.2006. He would contend that the petitioner remained absent from services for the period from 10.09.2019 to 31.03.2023 due to ill health. It is further contended that vide order dated 31.03.2023, the services of the petitioner were terminated on account of unauthorized absence. It is also stated that the petitioner had intimated the respondent authorities regarding her ill health, but those documents were not taken into consideration while passing the order impugned.

3) Mr. Shalvik Tiwari would further submit that the services of the petitioner were terminated without holding an inquiry and without affording the opportunity of hearing. It is also contended by Mr. Tiwari that the petitioner was a regular government servant working under the respondents and therefore, the authority concerned ought to have conducted an inquiry according to the provisions of Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966, (for short, CCA Rules, 1966). He would also submit that as no inquiry was conducted and major punishment was imposed, the order Annexure P/1 dated 31.03.2023 is liable to be quashed.

4) On the other hand, Ms. Shailja Shukla, Deputy Government Advocate appearing for the State would oppose the submissions made by Mr. Tiwari. She would submit that the impugned order dated 31.03.2023 is appealable one. She would contend that the petitioner remained unauthorizedly absent from services and therefore, the order impugned was passed.

5) I have heard learned counsel for the parties and perused the documents available on the record.

6) Admittedly, the petitioner was a Medical Officer appointed on 03.03.2006.

The services of the petitioner were governed by the CCA Rules, 1966. Rule 10 defines punishment, whereas Rule 14 provides for the procedure for the imposition of a major penalty. In the present case, major punishment of dismissal from services has been inflicted but no inquiry was conducted according to Rule 14 of the CCA Rules, 1966. It appears that no show cause notice was issued, no article of charge was served, no inquiry was conducted and the order Annexure P/1 w