STATE OF M.P. Vs. DR.SAURABH SHARMA

JUDGEMENT

(1.) Heard on the question of admission.

(2.) In this intra -court appeal, the appellants have assailed the validity of the order dated 06.07.2015 passed by the learned Single Judge in WP No.5906/2014(S), by which the writ petition preferred by the respondent has been allowed.

(3.) The facts giving rise to filing of this appeal are briefly stated that the respondent was employed on contract basis as Samvida Ayush Chikitsa Adhikari in the year 2011. The period of contract of the service of the respondent was extended from time to time and eventually by order dated 20.05.2014, the period was further extended. The respondent was arrested on 25.05.2014 in connection with some criminal offence and admittedly the respondent remained in custody for a period of more than one month and thereafter he was enlarged on bail. The services of the respondent were terminated by an order dated 27.06.2014 on the ground that the respondent has remained unauthorizedly absent without any intimation for a period of more than one month, by invoking Rule 12.6 of the M.P. Ayurved/Homeopathy/Unani Contractual Services (Appointment and Service Conditions) Rules, 2012 (hereinafter for short referred to as "Rules"). In the aforesaid factual background, the respondent approached the Court by filing the writ petition. The learned Single Judge by order dated 06.07.2015 allowed the writ petition and directed reinstatement of the respondent with all consequential benefits and also awarded the costs of Rs.2,000/ - to the respondent.