ABHISHEK TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition seeking direction to the respondents to accept his joining in the duties and also grant him entire backwages.

(2.) According to the petitioner, he was appointed as Shiksha Karmi vide order dated 13.07.1998 for the period of 3 years. Thereafter, vide order dated 27.10.2007 his services has been merged into the cadre of Teacher in the pay scale of Rs.4,000-6,500/- w.e.f 01.04.2007 after completing 8 years 8 months and 7 days of service. He applied for summer vacation from 26.07.2007 to 01.08.2007 and joined back the duties on 02.08.2007. Thereafter again he went on leave from 03.08.2007 to 18.08.2007 and again joined back the duties. He fell sick on 21.08.2007, thereafter, he approached to the Principal for joining duties but he was not permitted to join. Thereafter, he has been regularly approaching before the Principal and requesting for joining but all has gone into vain. The petitioner was served with the show cause notice dated 28.01.2012 alleging that he is absent without any information and not replying to the notices. The petitioner submitted various representation and joining letter which are cumulatively filed as Annexure P/4. He has also made a representation to the Joint Commissioner, Tribal Welfare Department on 06.02.2018 requesting him to accept his joining. The petitioner has also submitted a detailed reply to the show cause notice and thereafter he has filed the present petition before this Court.

(3.) After notice the respondents have filed reply by submitting that since his appointment, the petitioner was negligent towards his duties. He remained unauthorizedly absent since 21.08.2007 without assigning any reason. He did not take prior permission from the competent authority before going to the leave. The respondents have specifically denied that he went on leave in summer vacation from 26.07.2007 to 01.08.2007 and joined back the duties on 02.08.2007 & thereafter, again he went on leave from 03.08.2007 to 18.08.2007 and again joined the duties. He was not sick on 21.08.2007 and never tried to give joining. The respondents have further submitted that a show cause notice dated 19.12.2006 was issued to the petitioner in respect of negligent attitude towards his duties assigned to him. Thereafter, a show cause notice dated 01.04.2008 was issued in respect of his unauthorized absent in the school. He was specifically informed that his conduct is against the Rule 3 and 7 of M.P. Civil Services (Conduct) Rules, 1965. Again a show cause notice dated 25.06.2008 was issued, followed by show cause notice dated 24.12.2009, 28.01.2012 and 11.04.2018. The respondents have specifically pleaded that the petitioner is running a coaching class and the Principal of Government Higher Secondary School, Gulawa vide letter dated 10.07.2008 informed to the CEO, Jila Panchayat, Dhar that the petitioner is running coaching classes and not attending the duties. The copy of the pamphlet of the coaching classes run by the petitioner is also filed alongwith the return.