ASHOK KUMAR MISHRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ application has been filed, inter alia, praying for a direction upon the respondent no.4 to release the full salary of the petitioner from 2/5/2012, to 24/9/2014.

(2.) The writ petitioner joined the service of the respondent no.2 in the year 1988. The terms and conditions of service of the petitioner would appear from the letter of appointment dtd. 26/7/1988. It is the petitioner's case that while in service, by reasons of illness, the petitioner could not perform his normal duties from 5/3/2012, to 1/5/2012. Subsequently, on 2/5/2012, when he went to the head office, Traffic Department, for obtaining resume-duty order as per the existing system of the organisation, the Junior Traffic Officer upon going through his file requested him to report back after 2/3 days and meet the dealing clerk. Accordingly, the petitioner reported back on 7/5/2012 and met the dealing clerk. Unfortunately, the petitioner was neither sent to the company's Medical Officer for medical examination, nor was he issued the resume-duty order.

(3.) Faced with the aforesaid situation, the petitioner by a written communication dtd. 11/5/2012, had lodged a complaint with the Managing Director as also the Chief Operating Manager of the respondent no.2. Upon receipt of the aforesaid communication, the respondents instead of issuing resume-duty order issued a show-cause dtd. 29/5/2012, recording therein that the petitioner had absented from his duties since 5/3/2012, without any intimation and he had also not appeared before the authority, nor had he submitted any kind of leave application. As such, he was called upon to explain why action should not be taken against him for his continuous unauthorised absence for 58 days till 2/5/2012.