MADHAVENDRA SINGH Vs. GENERAL MANAGER (H)

JUDGEMENT

(1.) This intra Court appeal emanates from an order dtd. 9/8/2017 passed by the learned Single Judge by which the writ petition preferred by the appellant has been partly allowed. In order to appreciate the grievance of the appellant, few relevant facts need mention which are stated infra.

(2.) The appellant, at the relevant time, was posted as Deputy Manager in MIG Complex, Hindustan Aeronautics Limited at Nasik. The appellant was transferred by an order dtd. 30/4/2001 and was relieved of his duties at Nasik. It is the case of the appellant that he met with an accident and suffered severe injuries to his spine and was bed ridden. The appellant thereupon filed an application supported by a medical certificate stating that he seeks leave from 1/5/2001 to 31/5/2001 on medical grounds. The appellant did not recover from the injury sustained by him and therefore, he sought extension of leave from 1/6/2001 to 30/6/2001. However, the application submitted by the appellant was rejected and the said period has been treated by the respondents to be unauthorised absence.

(3.) A departmental enquiry was initiated against the appellant and he was served with charge sheet on 14/7/2001 with regard to his alleged misconduct of remaining unauthorisedly absent from duty. An enquiry was conducted exparte and a penalty of dismissal from served was imposed on the appellant. The appellant assailed the aforesaid order in a writ petition namely W.P.No.52372/2003 which was allowed by a Bench of this Court by an order dtd. 13/6/2006 and the matter was remitted to the Enquiry Officer to conduct an enquiry afresh.