Bilaspur
The Chhattisgarh High Court has given an important verdict to strengthen the rights of employees. While hearing the writ petition of Forestpal Dinesh Singh Rajput working in Raigad Forest Division, the single bench of the High Court rejected the order of the state government, in which his suspension period was not considered part of duty and was directed for 100 % salary recovery. Citing the earlier decisions of the Supreme Court, Justice BD Guru made it clear that the period of suspension would be counted as duty. He also mentioned in the decision that the suspension period of other employees with similar conditions was recognized as duty, but discriminated against the petitioner.
This is the case
Petitioner Dinesh Singh was serving as Beat Guard Barodkhar with additional charge of Konkona Beat under Pondi Sub-range of Etamnagar range from 2 January 2015 to 2 July 2019. On 2 July 2019, he was suspended for hiding and misleading the facts. Later on 8 May 2020, the Chief Conservator of Forests, Bilaspur Forest Circle, canceled his suspension. However, he was appointed on special duty in the Katghora Range Office while pending departmental inquiry. The petitioner was suspended for 312 days i.e. 10 months 7 days. Under the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966, an order was issued to recover Rs 17,467 from his salary and three increments under the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966. The petitioner alleged that other employees were also accused. However, the suspension period in his case was considered part of duty. However, the period of suspension of the teacher was not considered part of duty.
Decision and its effect
The single bench of the High Court dismissed the order of the state government in this case and directed to consider the suspension period as part of duty. The court clarified why the petitioner was discriminated against if the suspension period of other employees has been added to duty. Citing the principle of equality of the Supreme Court, the court said that all employees should get equal rights under equal circumstances.
Discipline compulsory in government service mandatory: dismissal right
At the same time, in another case, the Chhattisgarh High Court justified the termination of the service of the daily salaried chowkidar of the Tribal Welfare Department and made it clear that indiscipline in government service would not be tolerated at all. The case is related to the working-lower employee (work charge employee) Deepak Joshi working in the post matric tribal hostel in Durg district. He was dismissed in 2017 due to indiscipline and serious allegations of misbehavior of students. Petitioner Deepak Joshi challenged his dismissal by filing a petition in the High Court. He claimed that he was not given proper opportunity in the departmental investigation process. Along with this, the documents necessary to refute the allegations were also not provided to them. A single bench of Justice Naresh Kumar Chandravanshi said in its decision that despite getting sufficient opportunities, the petitioner did not give his clarification.
What will be the effect of the decision
The decision has made it clear that indiscipline and dutylessness in government services will not be tolerated at any level. Government employees should follow their responsibilities otherwise strict action will be faced. The verdict has presented an important example in government departments to maintain discipline and work morality.
