given any loan from his provident fund till his case of unauthorised absence is decided."
15. It was followed by another communication dated ... services be not terminated on ground of unauthorised absence. Following was communicated to the petitioner :
"Shri Vinay Kumar Tyagi,
You were refused leave
passed. As the impugned order itself reflects he was in
unauthorised absence from duty w.e.f. 8.4.1988 to 5.7.1988 and that
his performance ... issued by the Commandant by which he was
apprised of his unauthorised absence and desertion from unit lines. By
the said letter, he was directed
inquiry was in
respect of misconduct of unauthorised absence and insubordination on
the part of the petitioner. He also stated that the charge of
insubordination ... contend that, the
punishment of removal from service for misconduct of unauthorised
absence for six months is open for interference under limited scope of
judicial
Transport Corporation and on account of an
allegation of unauthorised absence, a charge memo dated 14.10.2011
was issued to the second respondent-workman. The charge ... 7403 of 2017
that the allegation of unauthorised absence was on certain genuine
reasons and therefore had taken a lenient view and consequently,
rejected
petitioner for not having passed the prescribed examination
and for the unauthorised absence from duty with effect from 1.3.2011
onwards. The writ petitioner states ... resignation pending for years
together. Even in the case of unauthorised absence as alleged against
the writ petitioner, the respondents have not initiated any disciplinary
duty, such absence can not be held to
be wilful. Absence from duty without any application or prior permission
may amount to unauthorised absence ... absence
from duty is made, the disciplinary authority is required to prove that the
absence is wilful, in absence of such finding, the absence will
report to 32 Bn. CRPF, departmental proceedings
for the charge of unauthorised absence from duty and
disobeying the orders of Competent Authority was
initiated against ... result he was dismissed from service on the ground of
unauthorised absence from duty w.e.f. 18.03.2004 vide
Order No. P-VIII-2/2002
They have also pleaded that the other charge relating to the unauthorised absence from 21-12-1995 to 9-1-1996 is inter-linked with ... under any reasons without permission or leave is amounts to "UNAUTHORISED ABSENCE". (The portion is extracted as it is and obviously the construction
also make it clear
5
both on the ground of unauthorised absence and for material suppression of fact, the petitioner is liable
to be penalized ... awarded
punishment for those charges enumerated with regard to unauthorised absence of
one day from duties
order of termination the petitioner stated that it was due to unauthorised absence, but yet as per the the Standing Orders no enquiry was held ... that it was a case of dismissal for the misconduct of unauthorised absence, the Labour Court could not have held that it was a case
