KRISHNA KUMAR KOSARIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ appeal is directed against the impugned judgment and order dtd. 16/11/2021 passed by the learned Single Judge in W.P.(S) No.4202/2007, by which the writ petition filed by the writ appellant herein / writ petitioner in the writ petition, questioning the order of termination dtd. 23/2/2007, has been dismissed by the learned Single Judge finding no merit.

(2.) It is the case of the writ petitioner, pleaded in the writ petition, that he being originally the employee of the Fisheries Department, was appointed as Assistant Grade-III on 14/1/1982 and he continued on that post. From 1/8/1993 to 14/4/1997, he remained absent for 3 years 8 months, and thereafter, again from 11/7/1997 to 10/9/1999, he again remained absent for 2 years 2 months. Finally, he remained absent from 1/2/2000 to 23/2/2007 for 7 years pursuant to which he was issued show cause notice dtd. 15/7/2005, why he should not be dismissed from service for remaining absent unauthorizedly for a period of 7 years to which the petitioner furnished explanation on 8/8/2005 for his unauthorized absence which was not accepted by the competent authority leading to dismissal from service by order dtd. 23/2/2007.

(3.) The said order was questioned in writ petition by the writ petitioner stating inter alia that the order has been passed in flagrant violation of the principles of natural justice and his explanation offered has not been considered effectively by the competent authority and since he was a regular Government servant, he could not have been dismissed from service without holding any departmental enquiry in accordance with law.