full fledged trial. It is only on the basis of inter-se
statements of the accused persons, implicated this
petitioner with reference to the conspiracy ... proved beyond reasonable
doubt. Therefore, accused No.1 who is cited as absentee
abettor and conspirator, have to be proved during the
course of full
petitioner
has issued number of memos to the second respondent for unauthorized
absenteeism and for less production and imposed punishment of
suspension for two days ... various contentions in
the claim statement and petitioner denied the same and raised various
contentions in the counter statement. Before the first respondent, the
second
should
not work in that company and they would be treated as absentees and
that the only exemption is in the case of those having ... course of
the investigation, the second respondent has given an additional
statement recorded under Section 161 Cr.P.C., making some extra
allegations that
statement of
absence produced by the Management as stated above, this Court
is of an opinion that the 2nd respondent was a habitual absentee
contention of Shri Jha is that even if the
charge for absenteeism did exist, it ought to have been proved
during the course of enquiry ... unauthorized absence
from 24/11/2011 and not to submit written statement in
the aforesaid Departmental Proceeding. Further, he was
given a last opportunity
wife in a suit for
divorce against an order, whereby the written statement filed by the opposite party-
husband was accepted and the suit ... proposition that after the
stage of final hearing is over, the absentee party could not take advantage of Order IX
Rule 7 of the Code
record and appended as Annexure R-2 along with the
written statement is the charge sheet dated 24.11.2016 that was served upon
the petitioner.
Perusal ... same would reveal that the petitioner is a habitual
absentee and more than a dozen warning letters were issued to him prior in
point
KUMAR UPADHYAY
ORAL ORDER
6 07-02-2019 In view of the statement made in para-5 of the show
cause which is quoted below ... with law.
"5. That the Block Development Officer,
Phulwaria submitted the absentee report,
thereafter the District Programme
Officer(Establishment), calculated the due
salary
present cases before us, we note that other than the bald statement of
Shri Abdul Rouf and Mrs. Nurunnessa Begum without any corroborating material could ... cash to themselves or other. The only fact which emerges from the
statements given by twenty two (22) shareholders before the AO which was recorded
Kundwal, Banaras, District-
Bulandshahar, UP, hence absentee notice dated 20.07.2010 (last
opportunity) could not be served and absentee notice dated
30.11.2010 served upon Ct.Braham ... past record, it is evident that he is
a habitual absentee and absented himself on as many as 80
occasions which have already been decided
