KALURAM RAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition was originally filed before the State Administrative Tribunal, Jabalpur on 7-1-1999, however, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication.

(2.) INITIALLY this petition was submitted for seeking relief in regard to acceptance of the joining report w. e. f. 19-5-1987 and to pay all the monitory benefits to the petitioner as well as seniority etc. On 11-1-1999 the Tribunal issued show- cause notice to the respondents and in the return the stand which has been taken by the respondents is that vide Annexure R-15, dated 6-2-1991 the petitioner has been punished by an order of removal after holding ex-parte departmental enquiry against him in which charges of his long absence has been found to be proved.

(3.) THE unfolded facts are that the petitioner, at the relevant point of time, was posted on the post of Senior Agriculture and Development Officer. Unfortunately he fell ill and he applied for obtaining earned leave for the period 4-3-1985 to 30-4-1985 which was forwarded by the department. In between the petitioner had undergone the treatment as he was a patient of T. B. and was admitted in T. B. Hospital, Chhindwara. The relevant document in that regard Annexure A-4 has been placed on record in which the Medical Specialist has certified that the petitioner was treated for the said disease and from 1-4-1986. In between vide Annexure A-1, dated 28-4-1985 the petitioner submitted an application and applied for extension of leave as he was still under the treatment. The petitioner also annexed medical certificate Annexure A-2, dated 31-3-1986 issued by the concerning doctor of District Hospital, Chhindwara.