GOVIND VAKIL Vs. JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution of India for quashing the order dated 19-11-1997 (Annexure P-1) by which the penalty of "stoppage of two annual grade increments with cumulative effect" has been imposed upon the petitioner and the order dated 13-1-2000 (Annexure P-26) by which his period of absence from 1-5-1981 to 15-2-1993 has been treated as "dies non" under F. R. 18.

(2.) THE petitioner was Assistant Professor in Jawaharlal Nehru Krishi Vishwavidyalaya (hereinafter to be referred to as 'the University' ). He was served with a charge-sheet on 7-7-1986. There were two charges against him. The first was that he was in the habit of remaining absent from duty. He was absent from 25-4-1977 to 3-3-1981, The second charge was that he was absent from duty from 1-5-1981 to 7-7-1986 without the sanction of leave. So far as the first charge is concerned it was subsequently regularised. On the second charge the departmental enquiry was held. The petitioner submitted his reply. The enquiry report is dated 23-8-1997 (Annexure P-14 ). The enquiry officer has held that the petitioner could not justify his long absence. The petitioner took the plea that he was "ailing" or "sick" during this period. He has not disclosed in the petition what was the illness with which he was suffering on account of which he remained absent for more than five years. The enquiry officer held this charge as proved. Then a show-cause notice along with the enquiry report was served upon the petitioner. He submitted his representation dated 12-9-1997 (Annexure P-15 ). After its consideration the impugned order dated 19-11-1997 (Annexure P-l) was passed by the disciplinary authority. By this order the period of absence from 1-5-1981 to 16-6-1993 was also treated as "dies-non" under F. R. 18. In appeal by the petitioner the Chancellor directed by order dated 2540-1999 (Annexure P-25) that "dies-non " not being a penalty under M. P. Civil Services (Classification, Control and Appeal) Rules, 1966 should not be treated as penalty and a separate order should be passed under the Leave Rules. Thereafter, the second impugned order dated 13-1-2000 (Annexure P-26) has been passed treating the period 1-5-1981 to 15-2-1993 as "dies-non".

(3.) THE petitioner had earlier filed a writ petition on 30-10-1986 challenging the departmental enquiry. That was M. P. No. 3436 of 1986. That was decided by order dated 18-1-1993 of this Court. Paras 17 and 18 of the said order are relevant for the present purposes and these are as under :-