BHIMSEN MIRDHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India against the order dtd. 28/2/2017 (Annexure P/1) passed by the Respondent No.2 to the extent that the respondents have denied the salary to the petitioner except subsistence allowances for the period when the petitioner was in during suspension period. The petitioner has also prayed for grant of one day salary and one annual increment.

(2.) Brief facts as reflected from the record are that the petitioner was initially appointed as Sweeper at Eklavya Adarsh (Model) residential school Mainpat, Block Mainpart, District Sarguja. The petitioner was suspended by the Collector on the count that he was negligence towards discharge of his duty and his headquarter was changed as he was posted in the office of Assistant Commissioner Tribal Department Ambikapur. The petitioner was relieved on 13/2/2015 to join the transferred place of posting thereafter charge sheet was issued to him on 26/3/2015. The petitioner was charge-sheeted for not doing the cleaning work assigned to him and he has threatened the students for not cleaning the toilet. The petitioner submitted reply to the charge sheet on 7/4/2015 denying the allegation made in the charge sheet mainly contending that 54 toilets and 54 bathrooms have been constructed in the school and the hostel and there is shortage of supply of water as such it cannot be said that he was negligence towards discharging his duty. It is emphatically denied that he has ever forced or threatened to any student to do the cleaning work. It has also been contended that he has not taken any leave and doing the work without any break, as such he prayed for withdrawal of the charge sheet.

(3.) The respondent considering the reply has passed the order of punishment of withholding three increments without cumulative effect and warning was also issued on 20/7/2015 and thereafter the petitioner was posted on his earlier place of posting i.e. Eklavya Adarsh (Model) residential school Mainpat, Block Mainpart, District Sarguja.