R.C. VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner has impugned the order dated 24-5-2006, whereunder the petitioner was placed under suspension in view of the allegations of remaining absent from the Gram Swaraj Abhiyan and further not taking interest in teaching activities.

(2.) THE facts, in nutshell, are that the petitioner was working as Lecturer in Government Higher Secondary School, Manpur, District Rajnandgaon. THE Collector issued the order dated 16-4-2006 (Annexure R-1), stating therein that the State Government under the direction of the Chief Minister has decided to visit rural areas from 8th May, 2006 to 11th May, 2006 and 15th May, 2006 to 18th May, 2006 under the Gram Swaraj Abhiyan. It was specifically stated in the order that all the officers/ employees appointed for the purpose of the Gram Swaraj Abhiyan would adhere to the time schedule strictly. THE petitioner was also directed vide order dated 19-4-2006 (Annexure P-3) to attend the training to be held on 26-4-2006 in the Higher Secondary School, Manpur.

(3.) ACCORDING to the respondents, in view of the ban on leave the permission for leave was refused. The petitioner despite refusal of leave failed to attend the office and proceeded on leave. The Sub Divisional Officer (Revenue), Mohla vide memo dated 19-5-2006 (Annexure R-2) informed to the Collector that the petitioner during training made an application for leave which was not granted to him. The petitioner was informed about the schedule of the Gram Swaraj Abhiyan by letter dated 10/11-5-2006 and the same was pasted on the house of the petitioner, as the petitioner left the office without permission of the competent officer. The said letter dated 10/11-5-2006 (Annexure P-5) was sent to the petitioner for attending the Gram Swaraj Abhiyan in block chowky/ mohral/Manpur. The petitioner was assigned the duties at following places: 8-5-2006 -- Salhehatti, Bagdogri, 9-5-2006 -- Gudaras, Gattepayli, 12-5-2006 -- Warkunji, Gattegahan, 13-5-2006 -- Dogargaon, Medhakhurd, 15-5-2006 -- Sarkheda Morchul, 16-5-2006 -- Bodegaon, Ghothiyakanhar, 17-5-2006 -- Palebhatthi, Halepayli. The letter was further sent by registered post, also which according to the petitioner was received on 18-5-2006. On 17-5-2006 the concerned Minister visited Manpur. On that day the petitioner was not found there on duty and it was further complained by the residents of the area that the petitioner remains absent invariably and he does not take any interest in teaching also. The concerned Minister directed the Additional Commissioner, Scheduled Caste and Scheduled Tribe Welfare Department, Rajnandgaon to place the petitioner under suspension. ACCORDINGly, the impugned order dated 24-5-2006 (Annexure P-1) was passed.