P.P. GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned Counsel for the petitioner contends that there are only two points which require consideration so far as the claim of the petitioner is concerned. It has been very fairly stated that so far as the suspension period, i.e. from 13.2.1978 to 4.12.1979 is concerned, the same has been ordered to be regularised by way of holding the petitioner was on duty for the said period. In this regard, an order dated 16.9.1994 has been passed by the Government, copy.Annexure R-2. The relevant portion of the order reads as under:

(2.) It is further argued that the petitioner had filed a Statutory appeal before the competent Authority and the same had been accepted vide order dated 19.1.1993. However, the petitioner has been held guilty so far as the 7th charge is concerned, i.e. being wilfully absent from duty the period i.e. from 20.12,1979 to 17.6.1980, 19.6.1980 to 10.11.1980, 26.12.1980 to 19.7.1981 and 21.7.1981 and till date.

(3.) The explanation given by the petitioner has not been accepted and after considering the contention of the petitioner, order of the Director, Health Service Haryana has been set aside vide which the petitioner had been removed from service. It has been further directed that the period of absence shall be treated as without pay and other benefits. The petitioner had sought retirement from service, his request has been accepted subject to realisation of claim of the Department if any.