KRISHNAPAL SINGH TOMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the constitution of India seeking following relief:-

(2.) The petitioner is aggrieved by the order dtd. 6/12/2022 (Annexure P/2), whereby, it has been held that the petitioner was absent for a period of five days ,i.e, from 18/3/2006 to 22/3/2006 without any leave. Prior to this order, order dtd. 24/4/2006 (Annexure P/1) was also passed in which the name of the petitioner was wrongly mentioned as Kalyan Singh instead of Krishnapal Singh Tomar. However, the aforesaid mistake was rectified subsequently, vide the impugned order dtd. 6/12/2022.

(3.) Counsel for the petitioner has submitted that the case of the petitioner is squarely covered by an order passed by the coordinate Bench of this Court in the case of Ali Hussain Asgar Ali Vs. State of M.P. and another reported as 1983 M.P.L.J 775 wherein while considering the same issue of leave without absence, this Court has opined that the only course available to the State in case of absence without leave is to proceed against the employee under Rule 24 of the M.P. Leave Rules, 1977, and it should be preceded by a notice, and if required, with a disciplinary action.