VACHAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Both these petitions are being disposed of by a common judgment since similar questions of fact and law are involved in the same.

(2.) Both the Petitioners are aggrieved by the orders whereby alleged penalty of "dies-non" has been imposed upon them. Both the Petitioners are lecturers in Government Senior Secondary School, Pahal, District Shimla. The Deputy Director (Education) conducted a surprise visit in the School on 18th November, 2004 and found that as many as seven teachers including the two Petitioners were absent. On perusal of the attendance register it was found that the Principal of the School had mentioned that the staff members were on leave. However, no proper leave applications were shown to the Deputy Director of Education. The Deputy Director thereafter issued a letter dated 18th November, 2004 to the Principal of the School stating that before any action is taken against the erring staff explanation of the staff members alongwith the comments may be sent to the office of the Deputy Director. The explanation of the Principal was also called for and he was asked to explain how 13 out of total 20 staff members of the school were granted leave at the same time.

(3.) In reply to this notice the Principal replied that normally no teacher leaves the Institution without proper leave and permission. He further stated that the teachers including the Petitioners had realized their fault and had undertaken not to repeat such mistake in future. He, therefore, recommended that no action be taken against the teachers. Thereafter, fresh notice was issued to the Principal directing him to comply with the earlier directions.