assumed that the respondent Bank was authorised to
withhold salary for unauthorised absence, the same could not be done
unless the charge was proved ... fact that the respondent Bank promoted the petitioner after the alleged
unauthorised absence also clearly proves that the allegation of
unauthorised absence was immaterial
immediate senior in the seniority list of OCIOA was punished
for unauthorised absence from 01.05.2015 to 18.05.2015. By Ext.P3
order dated ... absence may be favourably considered where the unauthorized
absence is of a few days or a few months and the reason for absence
is stated
submitted that the only
allegation against the petitioner is that of unauthorised absence and that too for
a period of 21 days. By treating ... imposed would run shockingly disproportionate to the
alleged offence namely unauthorised absence which is common in the
Disciplined Force due to various situations persistently prevalent
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
years. Show-cause notice was issued by the
company for the unauthorised absence from July 2009 to
December 2009 for a period of 21 days ... held
that the order of dismissal is not justified, since the
unauthorised absence stated by the Management was
not willful and intentional on the part
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
order that the period from 23.9.2014 to 14.1.2015 be
treated as unauthorised absence from office by Shri R. K.
Dutta, Stenographer Grade ... Audit from
01.10.2012 to 05.02.2014, he remained on unauthorised
absence without prior permission or intimation for a period of
343 days.
iv. That further, while
duty, such absence cannot 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 the absence of such finding, the
absence
Government Servant.”
15. In the case of appellant referring to unauthorised
absence the disciplinary authority alleged that he failed to maintain
devotion of duty ... unbecoming of a Government
servant.
16. The question whether 'unauthorised absence from
duty' amounts to failure of devotion to duty or behaviour unbecoming
beneficially reproduced:-
"15. In the case of appellant referring to unauthorised absence the
disciplinary authority alleged that he failed to maintain devotion of
duty ... such absence can
not be held to be wilful.
18. Absence from duty without any application or prior permission
may amount to unauthorised absence
