AJAY SINGH VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this Writ Appeal under Sec. 2(1) of Madhya Pradesh Uchchaya Nyaylaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dtd. 13/7/2023 passed by the writ court, by which the writ Court has dismissed the Writ Petition No.9910/2017 filed by the appellant against the order of his termination from service, as also against the order of dismissal of the appeal.

(2.) Facts of the writ appeal, in a nutshell, are as follows :-

(3.) The matter relating to the alleged unauthorised absence of the appellant from 22/9/2014 to 9/4/2015 without any intimation was sent to the Superintendent of Police Mandla vide letter No.436/16 dtd. 9/3/2016. Again, on 21/12/2015 at 17.24 Hrs. the Appellant proceeded on 3 days' casual leave and his 'Ravangi' was shown in 'Roznamcha Sanha' No.16 dtd. 21/12/2015 (Ex.P-4), but he did not return after availing 3 days casual leave. Therefore, he was marked absent, and on 26/12/2015 at 10.10 AM, he was shown absent on casual leave vide Roznamcha Sanha No.007 dtd. 26/12/2015 (Ex.P-5). Thus, it is alleged that from 26/12/2015, the appellant continuously remained absent from duty. Therefore, the Superintendent of Police, Mandla, issued an order dtd. 26/12/2015 for initiating a preliminary enquiry, whereupon the In-charge Police Station, Tikariya, submitted a preliminary inquiry report vide letter dtd. 18/1/2016. The Superintendent of Police, Mandla issued charge-sheet dtd. 6/4/2016. The appellant submitted his reply to the charge sheet, which was not found to be satisfactory. Therefore, departmental enquiry was initiated, and by the impugned order dtd. 10/8/2016, the appellant was punished with termination from service and the period of leave (197 days + 118 days ) total of 315 is treated as dies non under the head of "No work No pay".