LAWS(HPH)-2011-3-134

RAJESH SHARMA Vs. STATE OF HIMACHAL PRADESH

Decided On March 16, 2011
RAJESH SHARMA Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Petitioner was appointed as Trained Graduate Teacher (Science) on 20.4.1978. He was propoted to the post of Lecturer in the month of July, 1988. He was working in Government Senior Secondary School, Sairi. Hon'ble Deputy Speaker, Himachal Pradesh Vidhan Sabha, visited the school and the petitioner was found absent In these circumstances, memorandum was issued to the petitioner in the month of September, 2004 to which he filed reply vide Annexure A-2. Not satisfied with the reply furnished by the petitioner, a memorandum was issued to the petitioner on 4.6.2005, to which he filed reply on 15.6.2005. The Disciplinary Authority ordered to treat the period of absence, i.e. 24.8.2004 as 'dies-non' for all purposes viz. leave, increment and pension. He preferred an appeal before the Appellate Authority and the same was dismissed on 28.4.2006 after hearing the petitioner.

(2.) Bhuvnesh Sharma has strenuously argued that his client has not been heard before the imposition of penalty and the order passed by the Appellate Authority is neither speaking nor reasoned. According to him, the version of the petitioner has not been taken into consideration by the Disciplinary Authority as well as by the Appellate Authority.

(3.) Mr. Anshul Bansal, learned Additional Advocate General has supported the orders dated 4.6.2005 and 28.4.2006.