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The assertion has been made that in absence of the examination of the Doctor from Ranchi Hospital by the Inquiry Officer, the inquiry is vitiated as inclusion of the period certified by Dr. Nagina Prasad Yadav in his certificate could have occurred due to human error.

The petitioner has placed reliance on the decision of Hon'ble Apex Court in Krushnakant B. Parmar Vs. Union of India and another (2012) 3 SCC 178, (paragraphs 17 and 18) to assert that the allegation of unauthorised absence must be proved to be wilful and in case the absence is due to compelling reason under which it is not possible for the employee to report for or perform duty, such absence cannot be held to be wilful and the employee could not be treated to be guilty of misconduct.