Mr. Archit Bohra, AGC
HON’BLE MR. JUSTICE MUKESH RAJPUROHIT
Judgment
Reserved on:- 16/05/2025
Pronounced on:- 27/05/2025
1. The instant petition for writ under Article 226 of the
Constitution of India has been preferred by the petitioner
laying challenge to the Order dated 07.06.2002 (Annx.9)
imposing punishment of stoppage of two annual grade
increments with cumulative effect as well as Order dated
05.07.2002 (Annx.10) rejecting the review petition filed by
him with a further prayer to direct the respondents to sanction
leave to him for the period for which he had already submitted
leave application.
2. The case set up by the petitioner in the writ petition is
that while he was posted as Medical Officer at Primary Health
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Centre, Kalu, District Bikaner, he applied for Privilege Leave
for the period 27.04.1998 to 26.05.1998 on 06.04.1998
before the CM & HO, Bikaner. In the meantime, on account of
critical condition of his grand-mother, the petitioner gave leave
application to Shri Rewat Ram, Class-IV Employee of PHC Kalu
and proceeded from Kalu to Nokha in the night of 08.04.1998
as he received a call between 10.30 p.m. to 11.30 p.m.
informing him about serious condition of his grand-mother.
Thereafter, he went to Madras for check-up of his grand-
mother. As per the petitioner, the application for leave from
27.04.1998 to 26.05.1998 was never refused by the CM & HO.
Thereafter he submitted another application on 27.05.1998
seeking extension of leave upto 15.06.1998 on the ground of
his suffering from Vertigo. Meanwhile, the CM & HO, Bikaner
issued the Order dated 25.05.1998 placing him under awaiting
posting order with a direction to report in the office of
Director, Medical & Health. The petitioner reported on duty in
the office of Director, Medical & Health on 16.06.1998 and
continued to remain on duty till 06.07.1998. The Director,
Medical & Health issued the Order dated 06.07.1998, vide
which the petitioner was posted at Primary Health Centre,
Bambloo, District Bikaner. The petitioner again moved leave
application along with sick certificate before CM & HO, Bikaner
on 07.07.1998 seeking to grant medical leave from
07.07.1998 to 31.07.1998 on the ground of suffering from
vertigo. Thereafter, the petitioner moved applications on
01.08.1998, 20.08.1998 and 10.09.1998 seeking to extend
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his leave upto 19.08.1998, 09.09.1998 and 25.09.1998,
respectively, on the ground of ailment of his grand-mother.
The petitioner was transferred to PBM, Hospital, Bikaner vide
Order dated 18.09.1998 and he joined the duty on 26.09.1998
and since then, he was continuously discharging his duties at
PBM Hospital, Bikaner. He was served with a charge-sheet on
29.04.1999, wherein the charge levelled against him was that
he remained absent from duty and avoided the orders of the
higher authorities. The petitioner submitted reply to the
charge-sheet along with documents. The respondents vide
Order dated 19.12.2000 appointed Additional Commissioner
(First), Department of Inquiries as Enquiry Officer to conduct
enquiry into the charge levelled against him. After conducting
the enquiry, the Enquiry Officer submitted its Enquiry Report
on 29.01.2002 concluding that he was not willfully absent
from duty and recommended to drop departmental enquiry
proceedings against him. The disciplinary authority
communicated its disagreement with the findings of the
Enquiry Officer on 15.04.2002 and the petitioner was asked to
submit his representation, which he submitted on 29.04.2002.
After examining the matter, the disciplinary authority passed
the order dated 07.06.2002 imposing punishment of stoppage
of two annual grade increments against him. The petitioner
preferred the review petition, which was rejected on
05.07.2002. Hence, this writ petition.