MAHAVEER PRASAD MODY Vs. STATE OF M P

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution, petitioner has challenged the order (Annexure P/1) dated 11.04.2011 whereby respondents have treated the period between 12.09.2008 to 10.08.2009 ( total 333 days) as unauthorized absence ( dies non). The said period is treated as break in service.

(2.) SHRI B.D. Jain, Advocate for the petitioner, advanced singular contention. By placing reliance on (Anusuyya Bai and Ors. Vs. State of M.P. and Anr., 2004 3 MPLJ 627) he submits that order treating the period as "dies non" is punitive in nature. In absence of holding enquiry, this order could not have been passed.

(3.) SHRI Praveen Newaskar, Dy.G.A. for State, although opposed the relief but did not refute the legal submission based on Anusuyya Bai .