MANISHA GARUN Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2020-1-352
HIGH COURT OF MADHYA PRADESH
Decided on January 20,2020

Manisha Garun Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

STATE OF PUNJAB VS. RAFIQ MASIH [REFERRED TO]


JUDGEMENT

G.S. Ahluwalia,J. - (1.)This petition under Article 226 of the Constitution of India has been filed against the order dated 15.11.2019 by which the recovery of Rs.7,88,021/- has been directed to be made against the petitioner in 12 easy monthly installments of Rs.24625/-.
(2.)The necessary facts for disposal of the present petition in short are that the petitioner is working on the post of Staff Nurse. It is the case of the petitioner that she gave birth to a male child and for the welfare of her child, she applied for child care leave by making an application on 13.11.2017. Another application dated 19.11.2018 was given for extension of child care leave. Third application for extension of child care leave was given by the petitioner on 24.10.2018. Fourth application was also given by the petitioner for the extension of child care leave seeking extension of her leave from 1.5.2019 to 31.7.2019. It is submitted that although the application was made by the petitioner but no order was passed rejecting those applications.
(3.)It is submitted that on 27.7.2019 a show cause notice was issued to the petitioner on the ground that under the orders of the CMHO, Gwalior, the petitioner submitted her joining on 26.7.2017 and thereafter she remained unauthorizedly absent from 14.11.2017 and accordingly, the petitioner was directed that in case if any leave has been sanctioned by the superior officer, then the said order be produced. It was also mentioned in the notice that from 1.4.2018 to 31.5.2018 and from 1.6.2018 to 31.8.2018, her child care leave was allowed and thus it was mentioned that her unauthorized absence indicates that she is not interested in performing her official duties and, therefore, she was called upon to submit her explanation. The said show cause notice was replied by the petitioner. In the said reply, it was mentioned that she had filed an application for sanction of child care leave from time to time and the show cause notice has been issued without application of due mind. Thereafter, another show cause notice 13.8.2019 was issued on the ground that the petitioner was on unauthorized absence from 14.11.2017 and, therefore, the petitioner was directed to show cause as to why the period of unauthorized absence be not declared as dies non and as to why the salary paid to the petitioner for this period be not recovered. The said show cause notice dated 13.8.2019 was also duly replied by the petitioner and it was once again claimed that she was on child care leave.


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