Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 1197 (MP)

Mahendra Singh Dhakad v. State of MP.

2014-09-24

SUJOY PAUL

body2014
JUDGMENT 1.This petition challenges the order dated 20.1.2011 whereby the petitioner, an Assistant Teacher of Primary School is dismissed from service. 2. The singular ground to assail this order is that the order is stigmatic and punitive in nature. The petitioner is dismissed from service by invoking Rule 5 of M.P. Panchayat Services (Discipline and Appeal) Rules, 1999. As per Rule 7 of the said rules, the departmental enquiry was required to be conducted before inflicting any punishment. The petitioner has not been given any opportunity of hearing, nor any enquiry was conducted as per Rule 7 of the said rules. 3. Per contra, the stand of the Government is that petitioner was absent from service and, therefore, it amounts to misconduct. However, nothing can be pointed out from the return which may assist the respondents on the question of decision making process and following the principles of natural justice. 4. In the opinion of this Court, if respondents intended to inflict punishment mentioned in Rule 5 of the said rules, it was obligatory for them to follow the procedure for imposing major penalties mentioned in Rule 7 of the said rules. In absence of following the said procedure, the decision making process is vitiated and runs contrary to the principles of natural justice. The petitioner has been dismissed from service in an arbitrary manner which runs contrary to the said rules. Accordingly, the punishment order is set aside. Liberty is reserved to the respondents to proceed against the petitioner in accordance with rules. If respondents intend to proceed against the petitioner, they may initiate the said action within four months from today, failing which the right to proceed against the petitioner shall stand forfeited. If the respondents proceed against the petitioner, then while passing final order they shall decide as to how the intervening period will be counted. If they decide otherwise, the petitioner shall be treated as reinstated with 50% back wages. 5. Petition is allowed to the extent indicated above. No cost.