THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.475 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
29.10.2018 passed in W.P.No.22871 of 2002 by the learned Single
Judge.
The facts of the case reveal that the respondent/employee
was absent from January, 1998 to November, 1998 totalling to 76 days. He was issued a show cause notice on 15.04.1999 and after holding a departmental enquiry an order of removal was passed on 07.05.1999. He preferred an appeal, which was rejected and thereafter, he preferred a review and the reviewing authority by an order dated 07.02.2000 directed reinstatement of the respondent/employee and inflicted punishment of stoppage of one increment with cumulative effect, against which, the employee has preferred a writ petition and the learned Single Judge has moderated the punishment to that of stoppage of one increment without cumulative effect.
Learned counsel for the employee has drawn the attention of this Court towards the departmental enquiry and undisputedly the employee was not well. He submits that the employee was suffering from an acute renal problem and he did not submit medical certificate in respect of his illness in time and that was the 2 reason for interfering with the punishment order passed by the reviewing authority.
In the considered opinion of this Court, the absence was on account of medical reasons. The employee was suffering from renal disorder and a certificate was on record. Therefore, the learned Single Judge was justified in disposing of the writ petition by treating the punishment as stoppage of one increment without cumulative effect. This Court does not find any reason to interfere with the order passed by the learned Single Judge.
Accordingly, the writ appeal is dismissed. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 23.11.2021 ES