IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN WRIT PETITION No. 8947 of 2022 BABLU CHHARI Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Paras Nath Das-Advocate for the petitioner.

Shri K.S. Baghel- Government Advocate for the respondent-State ORDER (Reserved on : 07/08/2025) (Pronounced on: 19/08/2025)

The present petition has been filed challenging the order of penalty dated 20.10.2021 (Annexure P/4) so also the appellate order dated 25.01.2022 (Annexure P/6) whereby the petitioner has been punished with penalty of dismissal from service and the said order has been confirmed in appeal.

2. The learned counsel for the petitioner had argued that the allegations against the petitioner were of remaining absent from 28-09-2019 to 27-02-2020 and again from 18.06.2020 till issuance of the charge-sheet on 02.03.2021. In this manner the allegation against the petitioner is only of absence from duties which cannot be stated to be a major misconduct and therefore, though the absence not been in dispute, but the petitioner is entitled to be given benefit of inte