Shri D. Vinay Kumar v. The Lieutenant Governor

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/695/2024 Shri D. Vinay Kumar Vs.

The Lieutenant Governor and others Ms. Anjili Nag, Sr. Adv.

Mr. Adarsh Ilango ... for the petitioner Mr. Shatadru Chakraborty, Sr.Adv.

Mr. Rakesh Kumar, Mr. Dibesh Dwivedi ... for the respondent December 11, 2024 [SR] Item no. 6 1.

The petitioner is serving as Junior Engineer (E&M) under Sri Vijaya Puram Municipal Council.

2.

A disciplinary proceeding has been initiated against him for alleged contravention of Rules 3(1)(i), (ii) and (iii) of the CCS (Conduct) Rules, 1964 read with Rule 27 of the Andaman and Nicobar Islands Municipal Service (CCA) Rules, 2008. 3.

The Article of Charge mentions that the petitioner proceeded to the mainland as medical leave vide application dated 25.10.2021 but has not submitted the original copy of the medical certificate. He proceeded on leave for a period of two years with effect from 12.03.2021 without the approval of the competent authority and remain absent from duty unauthorisedly.

4.

The Article of Charge records that the application filed by the petitioner seeking study leave for two years is pending consideration before the Lieutenant Governor. 5.

Learned advocate for the petitioner submits that her client has the original medical certificate which he may be permitted to submit before the authority.

6.

The course which the petitioner pursued is very much required for the benefit of his service. A representation from the petitioner for dropping of charges and regularisation of leave has been filed and the same is pending consideration at the end of the Secretary, Municipal Council since November, 2023. 7.

Currently, the authority has initiated enquiry proceeding against the petitioner and after serving copy of the writ petition, the petitioner has not been permitted to joint duty. 8.

Learned senior counsel representing the respondents submits that the writ petition is pre-mature. No punishment has been imposed upon the petitioner and the disciplinary proceeding is only at the stage of enquiry.

9.

I have heard submissions made on behalf of both the parties.

10.

The provisions invoked for conducting the disciplinary proceeding relates to the general instructions which every government servant is required to follow. Rule 3(1)(i) mentions that every government servant shall at all times maintain absolute integrity; (ii) maintain devotion to duty and; (iii) do nothing which is unbecoming of a government servant.

11.

According to the petitioner, there are valid reasons for him to seek leave and the disciplinary proceeding has been initiated only for the purpose of harassing him. 12.

The petitioner specifically relies on the communication of the Administrative Officer of the Municipal Council dated 24.12.2021 wherein the authority was of the opinion that the petitioner should keep himself abreast with modern development in the field of his duty, improve his technical standards and competence which would substantially benefit the department and the best interest of the citizens living within the jurisdiction of the Municipal Council.

13.

A representation by the petitioner seeking dropping of charges is pending consideration at the end of the Secretary of the Council.

14.

With entering into the merit of the disciplinary proceeding that is pending against the petitioner, the instant writ petition is disposed of by directing the Secretary of the Municipal Council to consider the request of the petitioner for dropping the charges and not to proceed any further with the disciplinary proceeding upon affording an opportunity of hearing to the petitioner and upon production of supporting valid documents. 15.

A decision shall be taken by the authority at the earliest but positively within a period of six weeks from the date of communication of this order. A reasoned order shall be passed and communicated to the petitioner.

16.

After consideration of the representation, if it still appears to the authority that there is requirement of proceeding with the

disciplinary proceeding then, necessary steps shall be taken in accordance with law.

17.

The writ petition stands disposed of.

18.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Amrita Sinha, J. )