RAMA SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 12-7-1991 (Annexure A-7) whereby the services of the petitioner was terminated on account of alleged illegal absence from service.

(2.) THE facts, in nutshell, are that the petitioner was appointed by Bajrang Higher Secondary School, Abhanpur, District Raipur, on the post of Teacher. THEreafter, the management of the school, with entire staff and teachers was taken over by the State Government by order dated 4-5-1983. THE petitioner remained absent for some time on account of certain unavoidable circumstances. Accordingly, the petitioner was issued a show-cause notice on 6-12-1990 (Annexure R-2) by the Joint Director, Public Instructions, Raipur Division, calling upon the petitioner to submit explanation as to why a disciplinary proceedings may not be initiated against her. THEreafter, by the impugned order dated 12-7-1991 (Annexure A-7) was passed without initiating any disciplinary proceedings against the petitioner and a penalty of termination from service w.e.f. 1st July, 1991 was imposed.

(3.) RULE 24 of the RULEs, 1977 provides that if there is willful absence from duty after expiry of leave, such Government servant is liable for disciplinary action. RULE 24 of the RULEs, 1977 reads as under:-