TEJ PRAKASH SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant petition has been preferred under Article 226/227 of the Constitution of India seeking following reliefs:

(2.) According to the case of the Petitioner, he was appointed on the post of Assistant Surgeon in the year 2001 vide Annexure P2. Pursuant to the said appointment order, he joined at Primary Health Centre Ghotia, District Bastar. Thereafter, due to some unavoidable circumstances, he could not join duties during the probation period and remained absent there from 10/10/2001. The Chief Medical Officer issued him a letter Annexure P4 in which it is specifically mentioned that he is absent from duties from 10/10/2001 and he was directed to join duties immediately, failing which, disciplinary action shall be taken against him. Immediately after receipt of the letter, he sent an application to the Chief Medical Officer specifically stating therein that due to death of his father and his illness he could not attend the duties in time and, therefore, he requested that he was present on 1/7/2002 and sought permission vide Annexure P5 for his joining. The said application (Annexure P5) was forwarded by the Chief Medical Officer to the Director, Health Services vide Annexure P6 seeking instructions. On 5/5/2003, the Petitioner again wrote a letter (Annexure P7) to the Director, Health Services and requested for his posting as well as granting permission for joining. Respondent 1/Secretary wrote a letter to the Chief Medical Officer directing him to inquire into the matter and submit a report within 7 days. Again on 25/11/2006, the Deputy Director wrote a letter for seeking point-wise information from the Chief Medical Officer. On 13/7/2005, the Petitioner wrote a letter to the Director, wherein also he stated that due to some personal problem he could not join duties and he was continuously requesting the department for his joining, but, no action has been taken. Thereafter, suddenly, without any show cause notice or without affording any opportunity of hearing, services of the Petitioner have been terminated vide the impugned order dtd. 1/9/2008 (Annexure P1) on the ground that he is continuously absent from duties since 10/10/2001 without any permission from the competent authorities. Hence, this petition by the Petitioner.

(3.) In reply, it is pleaded by the Respondents/State that the Petitioner was appointed on probation for a period of two years. He remained unauthorisedly absent from duties since 10/10/2001 during the probation period and never reported to his duties thereafter. Since he was on probation period, he was not required to be issued any show cause notice or no departmental inquiry was needed to be conducted in the matter. It was further pleaded that the Petitioner was duly intimated vide letter dtd. 21/6/2002 (Annexure P4) about his unauthorised absence and was also directed to join his place of posting forthwith, failing which, disciplinary proceeding shall be drawn against him, but, the Petitioner did not join duties. Therefore, he has been terminated from services.