Vargeese V.M. Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1053510
CourtMadhya Pradesh High Court
Decided OnJun-17-2013
AppellantVargeese V.M.
RespondentThe State of Madhya Pradesh
Excerpt:
writ petition no.8844 / 2013 (vargis v.m...vs...state of mp & others.17-06-2013 heard shri ajay tiwari, learned counsel for the petitioner on the question of admission. the petitioner has filed this petition praying for quashing the letter dated 17-4-2013 issued by the respondent no.3 whereby the petitioner has been informed that as he has deliberately remained absent from duty on the pretext of health reasons without producing any medical certificates from the competent doctors in spite of repeated reminders.therefore, action against him would be taken under the provisions of the service rules in case he fails to produce medical certificates from the board and that the authority would also consider initiation of the proceedings for removing him from service. the learned counsel appearing for the petitioner submits that the authority i.e.the regional manager, who has issued the letter dated 17-4-2013 is not competent to dismiss the petitioner from service and, therefore, the impugned order dated 17-4-2013 be quashed, from a perusal of the petition it is clear that the petitioner has been reinstated in service pursuant to the order passed by this court and the issue of release of his arrears is subject to decision of review petition no.805/2012 pending before this court. the petitioner has been posted at gandhisagar, however, the petitioner sought leave by filing an application dated 26-2-2013 initially on the ground that his family had met with an accident and thereafter on the ground that he is medically unfit. however, the petitioner, in spite of being given several reminders by the authorities, has not submitted the medical certificate from the medical board in support of his request for leave on medical grounds. as the petitioner has failed to do so, the concerned authority has issued the letter dated 17-4-2013 to the petitioner to submit a medical certificate from the medical board failing which action against him would be taken including action for removing him from service. apparently, the letter dated 17-4-2013 is not an order of removal or termination. it is a communication to the petitioner asking him to comply with the provisions of the rules failing which he would face consequences including removal from service which proceedings, it goes without saying, would be taken by the competent authority and, therefore, it does not give any cause of action for approaching this court. it needs no emphasis to state that in case the authority proposes to take any action against the petitioner, it may do so in accordance with the law. in the circumstances, the petition filed by the petitioner being meritless is accordingly dismissed. (r.s.jha) judge mct
Judgment:

Writ Petition No.8844 / 2013 (Vargis V.M...Vs...State of MP & otheRs.17-06-2013 Heard Shri Ajay Tiwari, learned counsel for the petitioner on the question of admission.

The petitioner has filed this petition praying for quashing the letter dated 17-4-2013 issued by the respondent No.3 whereby the petitioner has been informed that as he has deliberately remained absent from duty on the pretext of health reasons without producing any medical certificates from the competent doctors in spite of repeated remindeRs.therefore, action against him would be taken under the provisions of the service rules in case he fails to produce medical certificates from the Board and that the authority would also consider initiation of the proceedings for removing him from service.

The learned counsel appearing for the petitioner submits that the authority i.e.the Regional Manager, who has issued the letter dated 17-4-2013 is not competent to dismiss the petitioner from service and, therefore, the impugned order dated 17-4-2013 be quashed, From a perusal of the petition it is clear that the petitioner has been reinstated in service pursuant to the order passed by this Court and the issue of release of his arrears is subject to decision of Review Petition No.805/2012 pending before this Court.

The petitioner has been posted at Gandhisagar, however, the petitioner sought leave by filing an application dated 26-2-2013 initially on the ground that his family had met with an accident and thereafter on the ground that he is medically unfit.

However, the petitioner, in spite of being given several reminders by the authorities, has not submitted the medical certificate from the Medical Board in support of his request for leave on medical grounds.

As the petitioner has failed to do so, the concerned authority has issued the letter dated 17-4-2013 to the petitioner to submit a medical certificate from the Medical Board failing which action against him would be taken including action for removing him from service.

Apparently, the letter dated 17-4-2013 is not an order of removal or termination.

It is a communication to the petitioner asking him to comply with the provisions of the rules failing which he would face consequences including removal from service which proceedings, it goes without saying, would be taken by the competent authority and, therefore, it does not give any cause of action for approaching this Court.

It needs no emphasis to state that in case the authority proposes to take any action against the petitioner, it may do so in accordance with the law.

In the circumstances, the petition filed by the petitioner being meritless is accordingly dismissed.

(R.S.Jha) Judge mct