STATE OF MADHYA PRADESH Vs. HARIHAR GOPAL

JUDGEMENT

(1.) Against the respondent who was employed in 1960 as a deputy Collector in the Revenue Department of the State of Madhya pradesh an enquiry was held on the following incharges : "1. That you, after handing over charge of your office as Deputy collector, Satna, on 27/08/1958, in pursuance of your transfer order No 6359-6331-1, dated 8/8/1958 issued by the general Administration Department, failed to join at Raisen on the expiry of your joining time and remained absent from duty till 1/02/1959, even though the leave applied for by you was not sanctioned by government.

(2.) That on return from leave in the month of November, 1959, you were posted to the Sehore District. At your own request you were permitted to report for duty at Sehore on the 30th november, 1959, vide General Administration Department demi-official letter No 6772-5179-1 (ii) , dated 20/11/1959. However, you did not join on the due date and sent a telegram to the Collector (copy being sent to the State government that you were injured in accident and that you would report on the 8/12/1959. Even on this date you did not join nor did you send any intimation. Ultimately you reported for duty on the 25/01/1960. And thus by remaining wilfully absent from dotty- (1) from the date on which your joining time expired till 1/2/1959 apparently to evade orders of transfer, and (2) from 8/ 02/1959 to the 24/01/1960 to evade orders of posting to Sehore, you have committed an act of grave misconduct and have thereby rendered yourself liable to disciplinary action on the above charges. ' the Enquiry Officer made a report on 2/05/1951, holding the respondent guilty of those charges. The Enquiry Officer observed : "i think that the conduct of Shri Harihar Gopal as disclosed in this enquiry was irresponsible in extreme and can hardly he justified. It is also for the State Govt. whether his request for taking a compassionate view should be considered favourably. " 1. The State government issued a notice to show cause why the respondent should not be removed from service, and after considering the representation made by him, by a communication, dated 9/03/1962, ordered removal of the respondent from service. An appeal filed by the respondent to the governor of Madhya Pradesh was dismissed on 29/07/1963.- 2. The respondent then moved a petition in the High court of madhya Pradesh for an order, infer alia, quashing the order, dated 9/03/1962, for removal of the respondent from service aid the subsequent order of the governor, dated 29/07/1963. The High court of Madhya pradesh declared the orders dated 9/03/1962 and 29/07/1963 invalid. on the ground that the "state government bad on 9/03/1962 authorised the respondent's absence from duty and it was not open to the State government to proceed on the basis of the respondent's absence from duty. Such a conclusion, in the view of the High court, "was not only without evidence but also perverse and therefore, clearly unsustainable". Against the order of the High court, this appeal is preferred with special leave.

(3.) The details of dereliction with which the respondent was charged may be first set out. The respondent who was holding in the month of august, 1958 the office of Deputy Collector, Satna, was by order, dated 8/08/1958 transferred to District Raisen. The respondent failed to report himself for duty at Raisen "within joining time", and on 12/09/1958, sent at Elegram that he will report for duty on 26/09/1958. The respondent did not join duty as promised, and on three successive occasions be applied for extension of time and promised to join on 11/12/1958. He did not join at Raisen even on 11/12/1958, and on 19/12/1958 the respondent was informed that his transfer to Raisen had been cancelled and that be should immediately report for duty at Dewas. The respondent did not report for duty as directed and applied for leave till 22/01/1959, promising to join on 23/01/1959. Even this promise the respondent failed to carry out. He ultimately reported for duly on 2/02/1959 at Dewas. While at dewas the respondent again "proceeded on leave on medical grounds. " after the expiry of the period of leave, he was informed that he was posted at Sehore. On 16/11/1959 the respondent sent a telegram that he will report on November, 1959, but he failed to do so and sent an application for extension of leave till 29/11/1959. The respondent was ordered to report for duty on 30/11/1959; but he again failed to comply with the order, and asked for extension of leave till 8/12/1959 and ultimately reported for duty at Sehore on 25/01/1960.