Mamta Dahiya vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:66594
1 WP-29734-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE DEEPAK KHOT
st
ON THE 31 OF AUGUST, 2026
WRIT PETITION No. 29734 of 2018
MAMTA DAHIYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Shrey Mahajan - Advocate for petitioner.
Mr. Naveen Ahuja - Government Advocate for State.
ORDER
The present petition has been filed by the petitioner under Article 226
of the Constitution of India seeking the following reliefs:-
"1. ,
यह क माननीय यायालय से यािचकाकत  स वनय िन न

ाथना करती है क यािचकाकत  क  यािचका वीकार कर दनॉक
24/10/2017 -1
को पा रत आदेश एने #जर पी को िनर त करते हुए

यािचकाकता  क  सेवाय & िश 'ा के (प म & पुनः बहाल करते +यथ
हुए

त ,ार- शाला म & िनयु . दान क  जाव & ।
2.
अ य जो उिचत अनुतोष माननीय यायालय यािचकाकता  के
"
प ' म & समझ & वह भी दलाये जाव & ।
2. The brief facts of the case are that the petitioner was appointed as
Contractual Teacher, Grade-III, and joined her duties on 01.04.2010 pursuant
to the final selection list dated 27.03.2010. Prior thereto, she had successfully
passed the M.P. Contractual School Teacher Grade-III Eligibility
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 03-09-2026
11:52:37

NEUTRAL CITATION NO. 2026:MPHC-JBP:66594
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Examination, 2008, the result of which was declared on 19.02.2009. The

petitioner continuously discharged her duties and participated in the
prescribed training programmes and other official assignments. In 2010,
certain allegations regarding her attendance were raised, to which she
submitted her explanation. She also submitted a complaint dated 14.07.2016
against respondent No.4, but no effective action was taken thereon.
Subsequently, by order dated 24.10.2017, her services were terminated on
the allegation of unauthorized absence from duty. Being aggrieved by the
said order, the petitioner has approached this Hon'ble Court seeking quashing
of the termination order dated 24.10.2017 and consequential restoration of
her services.
3. Learned counsel for the petitioner submits that the impugned
termination order dated 24.10.2017 was passed in violation of the principles
of natural justice, as the petitioner was neither duly served with the relevant
communication nor afforded an effective opportunity of hearing. It is further
submitted that the allegation of absence is contrary to the material on record,
which shows that the petitioner had performed her duties and participated in
official training and other assignments. It is contended that the petitioner had
already submitted her explanation, but the same was not objectively
considered before taking the extreme step of termination. The petitioner had
been duly selected, had passed the requisite eligibility examination and had
rendered services for a considerable period. Therefore, the impugned order is
arbitrary, unjustified and liable to be quashed, with consequential relief of
restoration of her services.
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 03-09-2026
11:52:37

NEUTRAL CITATION NO. 2026:MPHC-JBP:66594
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4. Learned counsel for the respondents submits that the petitioner,

appointed as Samvida Shala Shikshak Grade-III vide order dated 27.03.2010,
worked for about seven months and thereafter remained continuously absent
from 28.10.2010 for more than seven years without sanctioned leave or prior
intimation. It is further submitted that a show-cause notice dated 01.08.2017
was duly served upon the petitioner, but she failed to submit any reply. Thus,
the principles of natural justice were duly complied with. In view of her
prolonged unauthorized absence and failure to respond to the notice, the
termination of her services was justified. The petitioner, therefore, is not
entitled to any equitable relief, and the writ petition deserves to be dismissed.
5. Heard learned counsel for the parties and perused the record.
6. From perusal of the record, it is evident that the petitioner was
appointed as Samvida Shala Shikshak Grade-III and was posted at
Government Primary School, Bhatwa Tola, Dhuri, Development Block
Bahoriband, District Katni. Subsequently, allegations were levelled against
her regarding unauthorized absence from the institution and certain
irregularities in the entries made in the attendance register. On the basis of
the complaints received in this regard, an enquiry was conducted and the
allegations were examined with reference to the material available on record.
Pursuant to the said enquiry, notices were stated to have been issued calling
upon the petitioner to submit her explanation. The petitioner, however, has
disputed the service of the said notices and has specifically contended that no
notice was ever served upon her and, consequently, she was denied an
opportunity to place her defence before the competent authority.
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 03-09-2026
11:52:37

NEUTRAL CITATION NO. 2026:MPHC-JBP:66594
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7. Upon careful consideration of the record, particularly the notices

stated to have been uploaded on the ERP portal, this Court finds that the
notices were issued in the name of the Principal of the concerned school.
However, there is no material on record to establish that the said notices
were ever duly served upon the petitioner. Mere issuance or uploading of a
notice, without there being any material demonstrating its due service upon
the concerned employee, cannot be regarded as sufficient compliance with
the requirement of affording an effective and meaningful opportunity of
hearing. The allegations levelled against the petitioner, particularly those
relating to her prolonged absence from duty and the alleged irregularities in
the attendance register, are serious in nature and have a direct bearing upon
her service. The petitioner was, therefore, required to be afforded a
reasonable opportunity to explain her conduct and to place such documents
and material before the competent authority as she may have deemed
necessary in support of her defence. In the absence of any material
establishing due service of the notices upon the petitioner, it cannot be held
that she was afforded an effective and reasonable opportunity to defend
herself. The principles of natural justice are not satisfied by a mere formal
issuance of notice; what is required is that the concerned person should have
a real and effective opportunity to know the allegations and to meet the
same. In the present case, such opportunity has not been demonstrated to
have been afforded to the petitioner.
8. In view of the aforesaid, and without expressing any opinion on the
merits of the allegations levelled against the petitioner, this Court is of the
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 03-09-2026
11:52:37

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considered view that the impugned order dated 24.10.2017 (Annexure-P/1)

cannot be sustained, as the same has been passed without establishing that
the petitioner was duly served with notice and afforded an effective
opportunity of hearing. Accordingly, the petition is allowed. The impugned
order dated 24.10.2017 (Annexure-P/1) is hereby quashed and set aside. The
matter is remitted to the competent authority/Chief Executive Officer, Zila
Panchayat, Katni, to proceed with the departmental enquiry afresh from the
stage of submission of reply to the show-cause notice. The competent
authority shall ensure that the petitioner is afforded a fair and effective
opportunity to submit her reply and to place on record all documents and
material, if any, in support of her defence.
9. The competent authority/Chief Executive Officer, Zila Panchayat,
Katni, shall, if necessary, serve a copy of the show-cause notice along with
the allegations and relevant material relied upon by the department upon the
petitioner and shall grant her a reasonable opportunity to submit her reply
thereto. Thereafter, the competent authority shall consider the reply
submitted by the petitioner, the enquiry material, the attendance register and
all other relevant documents available on record, and shall proceed with the
enquiry from the said stage in accordance with the applicable Rules and the
principles of natural justice. Upon completion of the proceedings, a reasoned
and speaking order shall be passed within a period of four months from the
date of production of a certified copy of this order.
10. It is directed that the petitioner shall appear before the competent
authority on 24.09.2026 and shall cooperate with the proceedings. In case the
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 03-09-2026
11:52:37

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petitioner fails to appear or submit her reply despite due service of notice, the

competent authority shall be at liberty to proceed further in accordance with
law.
11. The question of continuity of service, back wages and all other
consequential service and monetary benefits shall abide by and remain
subject to the final outcome of the proceedings to be undertaken pursuant to
the departmental enquiry.
12. With the aforesaid directions, the petition stands disposed of.
(DEEPAK KHOT)
JUDGE
julie

Signature Not Verified
Signed by: JULIE SINGH
Signing time: 03-09-2026
11:52:37