Absence Not Wilful: Jharkhand High Court Grants Relief To Teacher Who Suffered Depression
The Jharkhand High Court was considering an intra-court appeal filed against the order of the Single Judge quashing the order of punishment.
Chief Justice M.S. Sonak, Justice Deepak Roshan, Jharkhand High Court
The Jharkhand High Court has granted relief to a teacher who suffered depression and was declared fit after a long gap of 7 years. Upholding the order quashing the punishment imposed upon him, the High Court affirmed that his absenteeism was due to compelling circumstances and it was not willful.
The High Court was considering an intra-court appeal filed against the order of the Single Judge quashing the order of punishment and further directing the respondents in the writ application to reconsider the case of the writ petitioner for inflicting punishment other than dismissal/removal/compulsory retirement.
The Division Bench of Chief Justice M.S. Sonak and Justice Deepak Roshan held, “Thus, by any stretch of imagination, it cannot be said that the absenteeism was willful. Furthermore, neither before the writ Court, nor before us, Ld. Counsel for the appellants could demonstrate that the absenteeism was willful and it was not due to compelling circumstances.”
Assistant Counsel to Sr. Standing Counsel-II Ashwini Bhushan represented the Appellant, while Advocate Prem Pujari Roy represented the Respondent.
Factual Background
The respondent-writ petitioner was appointed to the post of Assistant Teacher. After serving for more than three years, he fell ill. The Doctor had informed him that he was suffering from acute depression, and accordingly, he was advised to take proper treatment. Upon such advice from the Doctor, the writ petitioner sent an application for extension of leave by registered post to the District Superintendent of Education as well as to the Principal, Government Middle School, Birshrampur, Palamau, where he was posted at that time. After a gap of almost seven years, when the writ petitioner was declared medically fit, he approached the school in 2012 to rejoin his services; however, the same was rejected. Being aggrieved by the inaction of the State authorities, he filed a writ application primarily praying for a direction upon the respondent-authorities to accept his joining; however, during the pendency of the aforesaid writ application, his claim for rejoining was rejected by the authorities and by way of an interlocutory application, the writ petitioner also assailed the said order.
The Court granted liberty to the respondents in the writ application to proceed against the writ petitioner in terms of Rule 74(b) of the Jharkhand Service Code. Pursuant to the said order passed, a disciplinary proceeding was initiated against the writ petitioner by framing a charge which contained three charges. The charge regarding absenteeism was proved, and the disciplinary authority again passed the order of dismissal. When the matter reached the Writ Court, the Bench remitted the case to the disciplinary authority on the question of quantum of punishment in view of the fact that the absenteeism was due to compelling circumstances and it was not a willful absenteeism. Being aggrieved by the order passed by the writ Court, the State filed an appeal.
Reasoning
On a perusal of the facts of the case, the Bench noted that the appellants were unable to demonstrate that the absence was willful. It further noted that when the writ petitioner went on leave for the first time and was treated by the Doctor, the doctor opined for better treatment since the writ petitioner was suffering from acute depression. The writ petitioner also sent a letter to the appellants for extension of leave, but the treatment continued for seven long years, and after receipt of a fitness certificate, the writ petitioner wanted to join the duty.
Thus, holding that the absenteeism was not willful, the Bench refused to interfere with the order passed by the writ Court and dismissed the appeal.
Cause Title: The State of Jharkhand v. Nandu Ram (Neutral Citation: 2026:JHHC:10177-DB)