The Madhya Pradesh High Court has discovered that the business enterprise is nicely inside his proper to hold an account of the previous habits of the worker whilst taking a selection on any provider situation whilst pushing aside the petition of a ministerial worker of the High Court.
The criticism of the petitioner is that his utility for furnish of going away for a length of eight days from 25.04.2019 to 02.05.2019 used to be rejected and the stated duration used to be dealt with as depart except pay. Not solely once, the capable authority has rejected the declare of the petitioner twice.
The respondent-employer and its functionaries have filed their return justifying the impugned orders on the floor that petitioner is a routine absentee and that go away used to be sought on the floor of the daughter of the petitioner being injured, however, data expose that cure of daughter used to be completed as an out-patient which discloses absence of any serious injury/ailment.
The agency by way of submitting a return has relied upon Rule 6 of M.P. Civil Services (Leave) Rules, 1977, which stipulates that no worker can declare depart as a right. It in addition affords that go away can be refused or revoked due to administrative exigency.
The Jabalpur Bench of Justice Sheel Nagu and Justice Purushaindra Kumar Kaurav whilst thinking about the Petition held that the motive proven by way of the business enterprise for denying go away sought by using the petitioner and declaring the length to go away besides pay do now not show up to be unreasonable or past the jurisdictional purview prescribed via applicable statutory provision.
“The Court whilst exercising writ jurisdiction can’t enter into genuineness, veracity and sufficiency of motive proven by using the worker for searching for leaves, furnished the refusal through the organisation is primarily based on reasons, which can’t be termed as arbitrary or unreasonable on the touchstone of Article 14 of the Constitution. If the motives assigned through the agency for rejection may want to be assigned and simply due to the fact some other motive is possible, is no longer enough floor to work out the strength of the judicial review,”
-observed the Bench.
In the judgment, the Bench stated the cause assigned utilizing the corporation herein is that the daughter of petitioner used to be handled as an out-patient and no longer as an in-patient with the aid of the sanatorium and, therefore, a presumption arises that harm sustained used to be no longer serious enough, is a cause which a man of regular prudence would now not classes as absurd or irrational or a motive which can’t in the given data and occasions be assigned.
“Other motives assigned with the aid of the corporation of the petitioner being a routine absentee and in the dependency of taking depart regularly additionally can’t be termed as arbitrary. The company is nicely inside its proper to hold account of the previous habits of the worker whilst choosing any of the carrier conditions,”
-the order reads.
Because of the above discussion, the Court does no longer locate adequate floor to exercising its energy of judicial evaluation in favour of the petitioner and for that reason dismisses the petition.