D.G.R.PATNAIK, J. - (1.) THE petitioner prays for issuance of a writ of certiorari for quashing the order dated 14/20th October, 2005 issued by the Project Officer, AKWM Colliery, Keshalpur Colliery, Katrasgarh, (respondent No. 3) whereby the petitioner was informed of his dismissal from service with immediate effect.
(2.) THE petitioner was a worker in the colliery under the Project Officer of the colliery (respondent No. 3). The petitioner had absented from duty from 8.7.2005. On the ground of unauthorized absence from duty, a departmental proceeding was initiated after a show cause notice was issued to him by the employer along with charge sheet. In reply to the show cause and proposed charge sheet, the petitioner had replied that he had fallen ill and was under treatment at the hospital. He also produced a medical certificate of the attending doctor. At the enquiry, the plea taken by him was that on account of illness he could not apply for leave in advance, though he had conveyed his illness through a co -worker and on the basis of such information, the management did not strike off his name from the roll of the company. The enquiry officer had, however, found the charges against the petitioner proved and forwarded his enquiry report to the disciplinary authority for appropriate action. The disciplinary authority on the basis of the findings in the enquiry report, issued a second show cause notice to the petitioner calling upon him to explain as to why punishment be not awarded to him. The petitioner submitted his reply to the second show cause notice reiterating his stand that he had not wilfully absented from duty. Rather, he was prevented from attending his duty on the ground of personal illness and that he was under medical treatment from 5.7.2005 to 6.8.2005. However, the explanation offered by the petitioner to the show cause notice was not accepted and the disciplinary authority by its impugned order imposed punishment dismissing the petitioner from service.
(3.) THE petitioner has assailed the impugned order of dismissal on the ground that the order was passed without considering the fact that the petitioner was suffering from illness including mental sickness for which he had to undergo treatment at the RINPAS, Ranchi where the petitioner remained under treatment from 10.7.2005 to 9.6.2006. It is further submitted that even otherwise, the punishment of dismissal from service is too harsh and disproportionate to the alleged misconduct. Learned Counsel for the petitioner refers in this context to the judgment of the Supreme Court in the case of Bhagwan Lal Arya v. Commissioner of Police, Delhi : AIR2004SC2131 .;