The disciplinary authority cannot rely on the past service record of a delinquent employee to enhance punishment unless such record was specifically included in the charge-sheet and the employee was given notice and an opportunity to respond to those specific adverse materials.

CAV ORDER

1. This petition has been filed by the petitioner assailing the order dated 21.07.2016 (Annexure P/8) passed by respondent No. 1/District & Sessions Judge, Raipur by which services of the petitioner have been terminated. The petitioner has also assailed the order dated 22.06.2019 (Annexure P/11) passed by respondent No. 3/Registrar General, High Court of Chhattisgarh by which appeal preferred by the petitioner against order of termination, has been rejected.

2. The brief facts as reflected from records are that:-

(A) The petitioner was working as Peon in the Civil Court, Gariyaband, District Raipur and a charge-sheet dated 05.05.2015 (Annexure P/1) was issued against him alleging unauthorized absence from duty without sanctioned leave from 25.03.2015 till the date of issuance of the charge-sheet which is misconduct as provided in the Chhattisgarh Civil Services (Conduct) Rules, 1965 (for short “the Rules, 1965”). A departmental enquiry was conducted wherein the establishment of District Court and defence witnesses were examined and the Enquiry Officer in his report dated 31.03.2016 has found proved the charges levelled against the petitioner. Thereafter, a show cause notice dated 05.04.2016 was issued to the petitioner, to which he submitted his explanation and also sought personal hearing. After granting personal hearing, the Disciplinary Authority/District Judge, Raipur issued punishment order dated 21.07.2016 (Annexure P/8) imposing penalty of dismissal from service, disqualifying him from future government employment taking into consideration the past record of the petitioner.

(B) Being dissatisfied with the aforesaid punishment, the petitioner preferred an appeal before respondent No. 3/Registrar General, High Court of Chhattisgarh which has been rejected vide order dated 22.06.2019. Being aggrieved with the order of dismissal as well as the rejection of appeal, the petitioner has filed the present writ petition contending that the learned District Judge has taken into consideration the alleged past conduct of the petitioner while imposing the extreme penalty of removal from service without putting the petitioner to notice or affording him an opportunity to explain the same, thus the impugned orders are illegal and liable to be set aside by this Court. It has been further contended that it is settled principle of law that if any material adverse to the delinquent employee is relied upon, must be disclosed to him and non-disclosure amounts to violation of principles of natural justice, therefore, the punishment order is liable to be set aside on this count alone. It has been further contended that the petitioner had already suffered deduction of salary for the period of alleged absence, which itself constitutes a minor penalty, thus imposition of removal from service for the same misconduct amounts to double jeopardy. It has been further contended that absenteeism though a misconduct, does not involve moral turpitude, corruption, or dishonesty as it is a technical or administrative lapse, therefore, imposition of the extreme penalty of removal from service is wholly disproportionate and arbitrary.

(C) It has been further contended that the appellate authority rejected the petitioner’s departmental appeal by a non-speaking order without assigning any reason which is in violation of Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966 (for short “the Rules, 1966”) as well as principle of natural justice. It has been further contended that the punishment of removal from service is shockingly disproportionate