Limitation/contempt proceeding
Querist :
Anonymous
(Querist) 04 August 2011
This query is : Resolved
Res. Rajkumar sir, Ramachandran sir & Sriniwas sir (And other Ld. members),
In continuation to my yester question, I am reproducing here the extract of HC order. Kindly go thoroughly and suggest, would it be as suggested by you last night?
BEFORE
THE HON’BLE MR. JUSTICE…….
19th May, 2010
The petitioner is working as UDC since 1996 in the deptt. of PHE. At the relevant time he was serving in the office of the PHE sub-division at………….. While he was serving there he applied and availed casual leave on 29th, 30th and 31st August, 2005 as he was suffering from some ailments. He could not join his duties. He did not inform or apply for further leave. He overstayed for a period of 12 months from 01-09-2005 to 31-08-2006 without any authority. After 12 months, he came and joined his duties on 01.09.2006 with an application for Extra Ordinary Leave (EOL). When he joined on 01.09.2006 by submitting a joining before the Assistant Engineer, PHE sub-division, the same was forwarded to Division office.
According to the petitioner after he joined on 01-09-2006, he used to come regularly to the office but the officer concerned used to mark absent in the attendance with an assurance that the absentee statement would be rectified as soon as the acceptance of joining report is received from the higher authority.
It is stated that no communication has so far been received from the higher authority. Therefore, he made a representation dtd. 18.03.2008 before the Superintending Engineer, PHE praying for rectification of monthly attendance report. The said representation has not yet been considered and disposed of by the said superintending Engineer. No communication has been received so far in regard to the aforesaid prayer. As a result, the divisional office has denied payment of salary from the date of his joining i.e 01.09.2006 for which the petitioner is suffering from acute financial hardship in maintaining his family.
Learned Addl. Sr. Govt. Advocate submits that a departmental proceeding is pending against the petitioner in regard to the alleged unauthorized absence. The same was initiated on 03.12.2007. A show cause notice was issued upon the petitioner through paper publication and he submitted a representation in March, 2008. There was no show-cause reply from the petitioner but in the said representation he made a request for not treating the absent period as dies non. The said representation is also pending consideration and disposal by the authorities concerned. Thereafter, an inquiry officer was appointed for conducting the departmental enquiry. The petitioner was summoned on 20th and 25th june, 2008 but on the said dates, the inquiry officer was absent.
The aforesaid departmental proceeding is pending without any progress and the main question regarding the alleged unauthorized absence has remained undecided till date.
Considering the aforesaid facts and circumstances and for the ends of justice, I dispose of this writ petition with the following directions to the Chief Engineer, PHE who is the concerned authority :
(i) To take necessary steps for completion of the departmental proceeding within a period of 60 days from today in accordance with the existing rules and procedure and providing due opportunity to the petitioner.
(ii) The petitioner is also directed to participate in the departmental proceeding so that the same could be completed within the said specified period.
(iii) To consider and dispose of the representation dtd. 18.03.2008 with a speaking order after the conclusion of the departmental proceeding and communicate the same to the petitioner.
With the aforesaid directions, this writ petition stands disposed of.
Registry shall furnish a copy of this order to Addl. Sr. Govt. Advocate by tomorrow for onwards transmission to the concerned authority.
N.B: The portion submitted above by the Govt. Advocate talks about the period from 01.09.2005 to 31.08.2006.Whereas, the subject matter is from the period 01.09.2006 to till date.
R.Ramachandran
(Expert) 05 August 2011
I do not encourage people to open Fresh Threads on the same subject.
Therefore, better post this matter in your original thread so that one can have continuity.
At least I will not attend to your above post, till you revert to your original thread.
M/s. Y-not legal services
(Expert) 06 August 2011
yes.. post your original thread.. whats the need to edit it as per your wish..
