MUDRIKA RAM Vs. FOOD CORPORATION OF INDIA & ORS.
LAWS(UTN)-2001-8-5
HIGH COURT OF UTTARAKHAND (FROM: NAINITAL)
Decided on August 16,2001

Mudrika Ram Appellant
VERSUS
FOOD CORPORATION OF INDIA Respondents

JUDGEMENT

P C.VERMA,J. - (1.)HEARD Sri J. C. Joshi, learned counsel for the petitioner and Sri M. C. Pandey, learned counsel for the respondents.
(2.)THIS writ petition has been filed . by the petitioner challenging the show cause notice dated 1.8.2001, by which the petition has been required to show cause as to why disciplinary proceed­ing be not drawn against him as the Department has suffered a loss of money on account of proceeding on medical leave by the petitioner.
The learned counsel for the pe­titioner submits that the medical leave was due in the account of the peti­tioner and the petitioner bona-fidely availed the medical leave as he was suffering from ailment of diabetes and Hypertension. The Medical leave of petitioner was duly sanctioned. There­fore, the petitioner cannot be subjected to any disciplinary proceeding as in­tended in the show cause notice.

(3.)1 find force in the contention of the learned counsel for the petitioner. Since the petitioner was on medical leave, therefore, he could not be re­sponsible for the loss suffered during the period in which he was on medi­cal leave. Therefore, the show cause notice is factually without jurisdiction. Even otherwise if an employee is guilty of some misconduct, departmental pro­ceeding can be drawn without issuing notice to show cause.
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