ABDUL KALAM Vs. BSRTC BIHAR

JUDGEMENT

(1.) THE petitioner, is Sweeper in Bihar State Road Transport Corporation, Ranchi, He has absented without leave from 11.11.1998 to 30.7.2000. He was dismissed by Annexure -4 on the ground of his unauthorized absence from office for a long period. The cause of absence of the petitioner is that he was suffering from Tuberculosis, as a result of which he had not turned up before the respondents. The order impugned is not according to law. The dismissal order contained in Annexure -4 reads as follows :

(2.) FROM perusal of the order, it does not appear that any formal departmental proceeding was intiated or any inquiry officer was appointed, or any inquiry report was submitted. Therefore, this order does not appear to be in accordance with the principles of the general procedures to be adopted in departmental proceedings. Learned counsel for the respondents submits that there is provision for departmental appeal which the petitioner should have exhausted before coining to this Court in writ. In the circumstances aforesaid, the impugned order passed in the year 2000 and this writ was filed in the same year and two years have lapsed, so the impugned order is quashed with a liberty to disciplinary authority to initiate the departmental proceedings afresh in which the petitioner should co -operate and authority shall conclude the same within a period of two months. After setting aside of this impugned order, the petitioner will acquire his status which he had on the date prior to the impugned order.