JUDGMENT : Prakash Shrivastava, J. Heard finally with consent. 2. By this writ petition the petitioner has challenged the order of termination dated 1/11/2016, Annexure P-1. 3. The brief facts are that petitioner was initially appointed as Time keeper (Daily-wages employee) on 14/1/1988. Since then he is working continuously. Further case of petitioner is that he had given surety in respect of loan payment by coworker Baliram and said co-worker had committed some fraud with finance company, therefore, offence under Sections 420, 467, 468, 471, 409 and 120-B/34 of IPC was registered against the petitioner alongwith other co-accused persons. The petitioner was arrested on 5/3/2016 and was enlarged on bail by the High court on 22/6/2016, but petitioner was not permitted to join the duties therefore, he has approached this court and on the direction of this Court he has been permitted to join his duties and thereafter by the impugned order without conducting any enquiry and without giving an opportunity of hearing his services have been terminated. 4. The respondents have filed their reply taking the stand that services of petitioner have been terminated in accordance with Rule 12 of MP Industrial Employment (Standing Orders) Rules, 1963 (for short Rules of 1963). 5. Having heard the learned counsel for parties and on perusal of the record, it is noticed that though initial stand of petitioner is that Rules of 1963 are not applicable but during course of arguments learned counsel for petitioner has submitted that Rules of 1963 are applicable but action has not been taken in accordance with Rule 12. Rule 12 of Rules of 1963 provides as under: 12. Disciplinary action for misconduct. Rule 12 of Rules of 1963 provides as under: 12. Disciplinary action for misconduct. - (1) The following acts or omissions on the part of an employee shall amount to a major misconduct: (a) conviction by a Court of law for an offence involving moral turpitude; (b) theft, fraud or dishonesty in connection with the business or property of the undertaking; (c) taking or giving bribe or any illegal gratification; (d) wilful disobedience of any lawful or reasonable order of a superior involving safety of any person or property or other matter having an adverse effect upon the work or wages of other employees; (e) gambling within the premises of the undertaking; (f) drunkenness, riotous or disorderly behaviour, during working hours at the undertaking or conduct endangering the life or safety of any person, intimidation, physical duress, or any act subversive of discipline; (g) collections of any moneys within the premises of the undertaking for purposes and by persons not authorised by law or if no such authority is required by law without the sanction of the manager, (h) engaging in trade, or business within the premises of the undertaking including collection of pay-tickets given to the employees or the sale or canvassing of tickets, coupons or other tokens of any commodity or article, without the previous sanction of the manager. (i) canvassing for trade union membership and collection of union's dues within the premises except as permissible under law; (j) holding meetings inside the premises of the undertaking without the previous permission of the manager or except as permitted by law; (k) commencing, going or joining the strike in contravention of the provisions of any law for the time being in force; (l) inciting, instigating others to take part or otherwise acting in furtherance of a strike in contravention of the provisions of any law for the time being in force; (m) wilful slowing down in performance of work, or abetment or instigation thereof; (n) wilful damage to work in process or to any other property of the undertaking; (o) disclosing to any unauthorised person any information in regard to the processes of the undertaking which may come into his possession in the course of his work; (p) unauthorised absence from duty for more than ten consecutive days; [(p-1) obtaining financial assistance from the Employees State Insurance Corporation on the basis of tax on forged documents;] (q) a minor misconduct of which a workman is found habitually guilty, Le., for not less than three occasions within a space of one year or less. [(r) Sexual harassment including such unwelcome sexually determined behaviour (whether directly or by implication) as:- (a) Physical contact and advances; (b) Demand or request for sexual favours; (c) Sexually coloured remarks; (d) Showing pornography; and (e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.] (2) Any of the following acts or omissions shall amount to a minor misconduct : (a) late attendance; (b) absence from duty without leave or without sufficient cause, which is not major misconduct; (c) refusal to work on a job of a similar nature without giving adequate reasons for the same; (d) sleeping during working hour; (e) failure to observe safety instructions, or unauthorised removal in reference to machinery, guard, fencing or other safety device installed in the premises of the establishment; (f) any act or omission for which deductions from the wages of an employed person are authorised by or under the Payment of Wages Act; (g) entering or leaving the premises of the undertaking except by the gate or gates appointed for the purpose; (h) committing a nuisance in the premises of the undertaking, indiscipline, breach of any standing orders or instructions for the maintenance and running of any department and maintaining its cleanliness. (3)(a) The punishment for a minor misconduct may be- (i) censure; or (ii) fine. (b) The punishment for a major misconduct may be- (i) censure; or (ii) fine; or (iii) suspension for a period not exceeding four days on any one occasion; or (iv) withholding of increment for a period of one year; or (v) demotion; or (vi) dismissal. (c) In awarding the punishment the manager shall take into account the gravity of the misconduct, the previous record of the employee, if any, and any other extenuating or aggravating circumstances. (c) In awarding the punishment the manager shall take into account the gravity of the misconduct, the previous record of the employee, if any, and any other extenuating or aggravating circumstances. (4) No punishment shall be imposed on an employee unless proved guilty of misconduct in an enquiry conducted in the following manner : (a) The manager or other officer authorised by him in this behalf shall give to the employee a charge-sheet clearly setting forth the mis-conduct charged and the circumstances appearing against him and requiring his explanation; (b) The employee shall be given for submitting his explanation a period of at least 24 hours if he is charged with a minor misconduct and at least 72 hours if he is charged with major misconduct; (c) An employee shall be allowed to defend by himself or the representative of employees, if he so desires; (d) Except in cases where he admits the charge levelled against him the employee shall be permitted to produce witness in his defence and cross-examine any witness on whose evidence the charge rests; (e) The substance of the evidence shall be recorded and read over; (f) An order of punishment shall be in writing and shall be issued over the signature of the manager or other officer authorised under standing order (1)(a). A copy of the order passed awarding the punishment shall be given to the employee; (g) In case of an employee other than the one belonging to the clerical, technical or supervisory staff the manager can suspend him pending enquiry into an alleged major misconduct for a period not exceeding four days; (h) The manager may suspend a clerical, technical or supervisory employee for a period of three months pending enquiry into major misconduct alleged against him and shall pay suspension allowance to such employee at the rate of half of the average wage; (i) The order of suspension shall be in writing and may take effect immediately on communication thereof to the employee. If no action is taken within a period of six months then the amount of wages for the period of suspension shall be payable in full. (5) If on enquiry, the order is confirmed or the period of suspension reduced the employee shall be deemed to be absent from duty for the period of suspension and shall not be entitled to any wage for such period. (5) If on enquiry, the order is confirmed or the period of suspension reduced the employee shall be deemed to be absent from duty for the period of suspension and shall not be entitled to any wage for such period. If, however, the order is rescinded the employee shall be deemed to be on duty during the full period of suspension and shall be entitled to the same wages as he would have received if he had not been suspended : Provided that if the enquiry is not completed within four days from the date of submission of explanation, the employee shall be entitled to full wages until the completion of the enquiry from the date of submission of his explanation. [(6) An employer shall not be competent to initiate proceedings against an employee- (a) for major misconduct after one year of its commission, and (b) for a minor misconduct after six months of its commission.] 6. Counsel for respondents has submitted that action has been taken under rule 12 (1)(a) and (1)(p). 7. Rule 1(a) provides that conviction by a court of law for an offence involving moral turpitude is a major misconduct but in the present case trial is going on but conviction has not been taken place till now, therefore, Rule 12(1)(a) is not attracted. 8. So far as rule 12(1)(p) is concerned, attracting said rule it can only be said that unauthorized absence from duty for more than specified period is a major misconduct and under Rule 12(3)(b) dismissal is one of the penalty for major misconduct, but for imposing the said penalty in terms of Rule 12(4) an enquiry is required to be conducted in prescribed manner and punishment can be imposed, on being found guilty of misconduct in the enquiry. 9. In the present case admittedly no enquiry as contemplated under Rule 12(4) of Rules, 1963 has been conducted and no finding about proof of guilt of misconduct has been recorded, therefore, respondents have committed an error of law in by-passing the provision relating to enquiry and straightway terminating the services of petitioner attracting Rule 12. 10. It is worth-noting that while passing the order dated 23/9/16 in WP No. 6192/16 while permitting the petitioner to join his duties this Court had granted liberty to respondents to take an appropriate action in accordance with law. 10. It is worth-noting that while passing the order dated 23/9/16 in WP No. 6192/16 while permitting the petitioner to join his duties this Court had granted liberty to respondents to take an appropriate action in accordance with law. But the impugned action is not in accordance with the Rule quoted above. 11. In view of the aforesaid, the impugned termination order dated 1/11/2016 cannot be sustained and is hereby set aside. However, with liberty to respondents to pass a fresh order in accordance with law. 12. Writ petition is accordingly disposed off.