MUKESHKUMAR R VALAND Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioner has invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India, challenging the impugned order of removal passed by the respondent Managing Director,Gujarat State Seeds Corporation Ltd. dated 14.6.94. The petitioner further challenges the order dated 23.9.94 vide which the appellate authority has rejected the appeal filed by him against the order of removal.

(2.) Briefly stated, the facts giving rise to the present petition are that the petitioner was serving with the respondent Corporation as a Gujarati Typist. He was appointed on probation in the year 1982, to the post of Peon, against which post he later came to be confirmed. Thereafter, he was appointed as a Gujarati Typist initially on probation, and later on his services were regularised. Hence, it is the case of the petitioner that he has been serving the respondent Corporation for more than 12 years.

(3.) The petitioner was served with a charge- sheet dated 16.11.1993 for remaining absent for a period of 161 days, which was considered as leave without pay. He gave his reply to the charge-sheet which is dated 30.11.93, explaining the circumstances which forced him to remain absent. The respondent Corporation proceeded with the departmental inquiry and ultimately, inflicted the punishment of removal from service upon the petitioner. Thereupon, the petitioner preferred an appeal as per Rules, against the order of removal, which was also rejected.