Pritpal Singh, Ram Babu Choudhary, ... vs Union Of India (Uoi) And Ors. on 12 August, 2002
The Appellate Authority considered the facts given in appeal and all other relevant material and rejected the appeal by a reasoned and speaking order dated 26th October, 2009 (Annexure A/1). Thus, we do not find any infirmity either in the order of the Disciplinary Authority or in the order of the Appellate Authority. Proper procedure has been followed by the respondents while taking action against the applicant according to the Gramin Dak Sevak (Conduct & Employment) Rules, 2001. Rule 7, which deals with Leave as has been quoted in para 11 (above) provides that where a Sevak fails to resume duty on the expiry of the maximum period of leave admissible and granted to him, he shall, unless the Government, in view of the exceptional circumstances of the case, otherwise decides, be removed from service after following the procedure laid down in Rule 10. In this case, the respondents have proceeded against the applicant according to this Rule and have taken action against the applicant following the procedure laid down in Rule 10. The applicant was sanctioned leave for 180 days by the respondents and on expiry of his leave, the applicant neither submitted any medical certificate of his illness nor submitted a certificate of fitness. When the applicant submitted his fitness certificate vide his application dated 04.04.2007 (Annexure R/17), he was allowed to join on 12.04.2007. Action was taken against the applicant for unauthorized absence from duty during the period 22.04.2006 to 11.04.2007, which is according to the Rules on the subject.