SHASHI SHEKHAR PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the challenge is made to punishment order dated 30-03-2009 whereby a punishment of reduction of pay by one stage with cumulative effect was inflicted on the petitioner. The petitioner has also challenged the appellate/revisional orders dated 12-06-2009, 07-08-2009 and 03-07-2010 whereby the Competent Authorities have rejected the appeal/revision.

(2.) Shri Sanjay K. Agrawal, learned counsel for the petitioner advanced two fold submissions. Firstly, it is argued that the petitioner was served with a Charge-sheet which contains three charges against the petitioner. So far first charge is concerned, the petitioner alongwith reply to the Chargesheet filed relevant medical documents, which covers the alleged period of unauthorized absence. The medical certificates covered the entire period and, therefore, it cannot be said that the petitioner has committed a misconduct. More so, when the genuineness of medical certificates was not disputed. Secondly, it is submitted that the petitioner was required to submit the medical certificates at the time of resuming back or in other words, after getting well. The petitioner was required to inform about his ailment and was further required to submit the relevant document at the time of joining. It is further submitted that his absence was because of unavoidable circumstances. Lastly, it is submitted that the period of alleged absence (22-02-2008 to 22-01-2009) was not regularized by giving pay and allowance for the said period. Thus, this amounts to inflicting multiple punishments on petitioner.

(3.) Shri Sanjay Dwivedi, learned Deputy A.G. opposed the said contention and placed reliance on the reply.