Terminated my service arbitrarily during medical leave

by

Question From: Civil Law

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 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 this principle in their each decision. Decision taken in contravention of this rule may renders 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 valid ground for termination of service. You have not mentioned that you are employee of central or state government but in each case basic principles are same.

The leave having been taken on bona fide reason i.e., 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 the 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 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 sustain in the court because it is not reasoned, arbitrary and in contravention of basic principles of administrative law. There is catena of judgments passed by the Supreme court towards termination of government employee. Definitely, you’ll get favorable order.

Image courtesy : google.com 

Ask A Question

You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)

Talk to Advocate

Talk to advocate on phone for 30 minutes and get solid legal advice 

Section 372 the Indian Succession Act 1925- Succession Certificate

Succession Certificate: Section 372  [The Indian Succession Act, 1925] 372 Application for certificate. — (1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner...

Wife without any reasonable cause refuses to live with husband

Sub-section 4 of Section 125 crpc enumerates that if a wife without any reasonable cause refuses to live with her husband, she is not entitled to maintenance. The court before granting an order of maintenance must examine the fact of refusal to live with the husband.

Land record shows my land as inalienable

The land revenue record shows the land as inalienable when the tenure holder or owner of the land has no right to transfer the land. Generally, government land or patta land is made inalienable because actual right vested in the government. The tenure holder has the right to cultivate the land and enjoy the usufruct.

Any person can lodge the FIR

Section 154 CrPC does not mandate that only victim can lodge the FIR. Any person can register the FIR if he knows that a cognisable offence has been committed. In Prakash Singh vs State of Punjab, the Supreme Court held that police officer could not make an inquiry about genuineness of FIR.

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to a Lawyer Today!

Book a phone consultation for 30 minutes and get solid advice on the phone

Contact a lawyer in Lucknow

30 Min. Consultation

Subscribe

Join Our Newsletter

Subscribe our newsletter to get our news as well as important legal updates of Supreme Court & High Courts

Share via