JABALPUR, India, Feb. 14 -- Madhya Pradesh High Court issued the following Jan. 12:

1. By taking exception to the order dated 17.07.2025 passed by learned Single Judge in Writ Petition No.1891/2025, whereby the petition preferred by the appellant challenging the orders dated 08.07.2015 and 14.12.2016 was dismissed on the ground of delay and latches occurred in filing the petition. The instant intra court appeal has been preferred by the appellant under Section 2(1) of M.P. Uchha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005.

2. Heard Shri Rambihari Gautam, learned counsel for the appellant on the question of admission.

3. Short facts of the case are that the appellant was dismissed from service by order dated 08.07.2015 upon the allegation of continuous unauthorized absence from duty since 03.07.2011. The appellant remained absent for more than four years and due to the continuous unauthorized absence he was dismissed from service after conducting departmental enquiry. An appeal was preferred by the appellant and the same was dismissed by order dated 14.12.2016 by the appellate authority. After a period of 9 years from the date of rejection of appeal, the appellant preferred subject writ petition which was dismissed by the learned Single Judge mainly on the ground of delay and latches occurred in filing the petition.

4. Learned counsel for the appellant submits that the appellant was working in Madhya Pradesh Poorv Kshetra Vidyut Vitran Company Ltd. on the post of Line Attendant Assistant Grade - II and due to several grievous diseases like Diabetes, Mellitus, Nephritis, Chronic Peptic Ulcer, Right Side Paralysis and loss of vision from left eye, the appellant had undergone treatment in the year 2004 to 2006 by the Government doctors and he was admitted during this period because of that he could not appear in the service on various occasions. However, when the appellant was declared fit for services by the doctor he joined the services. In continuation of the said illness, the appellant remained absent from 03.07.2011.

5. When an order was issued by the Department that appellant will be superannuated on 31.03.2016, he applied on 08.04.2015 for voluntary retirement but the same was not accepted on the ground that a charge sheet was served upon the appellant on 23.11.2012 for remaining unauthorizedly absent from the service since 03.07.2011 and the Departmental enquiry was conducted wherein the charges were proved. Therefore, his request for voluntary retirement could not be acceded. However, after conducting the enquiry the appellant was dismissed from the services by order dated 08.07.2015. Said order was challenged by the appellant before the appellate authority and the appellate authority dismissed the appeal by order dated 14.12.2016. Thereafter, the subject writ petition was filed.

6. The counsel for the appellant further submits that reason for absence was wholly bona fide and due to ailment the appellant could not appear in services and remained absent. However, the same was not considered in the departmental enquiry by appellate authority or learned Single Judge. He further submits that the learned Single Judge has erred in dismissing the writ petition on the ground of delay and latches. He prays for setting aside the order passed by learned Single Judge and allowing the petition and for issuance of direction to the respondent to accept the application of the petitioner submitted for voluntary retirement. He further submits that direction be issued to release the retiral benefit in favour of the appellant.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/2890/WA_2890_2025_FinalOrder_12-01-2026_digi.pdf)

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