J.C. GROVER Vs. CHHATTISGARH GRAMIN BANK

JUDGEMENT

(1.) BY this petition, the petitioner seeks to quash the order dated 16.04.2005 (annexure - P/1) whereby the appointment of the petitioner has been cancelled and the order dated 26.12.2007 (Annexure-P/2) whereunder the appeal preferred by the petitioner was dismissed and the order dated 16.04.2005 was maintained.

(2.) THE facts, in brief, as projected by the petitioner, for proper adjudication of the case, are that initially the petitioner was appointed as Branch Manager in the Chhattisgarh Gramin Bank [earlier known as "Bilaspur Raipur Kshetriya Gramin Bank] (for short 'the respondent Bank") and joined in the month of November, 1984. While the petitioner was working at Korba, he availed medical leave for 26 days i.e. for the period from 26.09.2004 to 21.10.2004. Thereafter, he took again medical leave for 21 days i.e. from 05.11.2004 to 25.11.2004 and further for 31 days from 26.11.2004 to 26.12.2004 in total 78 days.

(3.) THE petitioner submitted his response to the show cause notice on 26.02.2005 (Annexure - p/5) stating that he was very much interested to serve. but on account of ill health he was unable to perform the duty and prayed that he may be permitted to avail the medical leave. In spite of the said fact, again by notice dated 12.03.2005 (Annexure - P/5) the petitioner was directed to produce the medical certificate, period wise, issued by the competent Doctor and further he was directed to join the duties within 7 days, failing which disciplinary action would be taken against him. On 19/21.03.2005 (Annexure - P/7) the petitioner submitted his reply stating that he would produce the medical certificate after completing the treatment at Bilaspur. Again on 29.03.2005 (Annexure - P/8) a show cause notice was issued to the petitioner informing him that he should join the services on or before 11.04.2005 with medical certificate for the period, he remained absent and explanation therefore, failing which his name would be struck of from the list of the employees of the Bank.