Sir/Mam, Without setting up a medical board, I ( permanent govt employee) be terminated during medical leave by saying that You are not joining to the office (dies nun and not release my salary past 3 months) but regular medical certificate (issued by govt authority CGHS and govt Hospital and surgeon ) is sending in office by registered post and medical leave (146 days) and earned leave (152 days) is pending in my account? please help me, what to do?
Your service cannot be terminated without giving you a chance to hear. Audi alteram partem means “listen to the other side”, or “let the other side be heard as well”. It is the principle of natural justice, it is mandatory for the administrative authorities to comply with this principle in their every decision. Decision taken in contravention of this rule may render it void.
However, it is not clear from your question but I think that you have taken leave without submitting medical certificate thereof medical board had not been setup. Non-submitting leave application with medical certificate or submission of it after some delay is a technical mistake it shall not constitute a valid ground for termination of service. You have not mentioned that you are an employee of central or state government but in each case, basic principles are the same.
They leave having been taken on bona fide reason i.e., an illness so it is not mandatory to submit medical documents at or during medical leave. In Bhagwan Lal Arya v. Commissioner of Police, Delhi (2004) 4 SCC 560: decided by the supreme court that:
It is not clear from the documents that the appellant is a habitual absentee…….. He had to proceed on leave under compulsion because of his grave condition of health and, therefore, the punishment of removal from service is excessive and disproportionate……… We are of the view that the punishment of dismissal/removal from service can be awarded only for acts of grave nature or as the cumulative effect of continued misconduct proving incorrigibility or complete unfitness for service. Merely one incident of absence and that too because of bad health and valid and justified grounds/reasons cannot become the basis for awarding such a punishment.
You should file a writ petition before the High Court and challenge the decision taken by the administrative authority. This decision shall not be sustained in the court because it is not reasoned, arbitrary and in contravention of basic principles of administrative law. There is a catena of judgments passed by the Supreme court towards the termination of the government employee. Definitely, you’ll get favourable order.
