petitioner is highly disproportionate to the charged
misconduct of mere unauthorised absence from duty. Learned counsel for
petitioner contended that prior to the commencement ... period of the alleged
unauthorised absence, the petitioner was admittedly on sanctioned medical
leave on account of various illnesses, so lenient view ought
this Court opined
that the unauthorised absence was not a grave misconduct inasmuch
as the employee had proceeded on leave under compulsion because ... 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 ... employee,
the period of absence and the cause/explanation for the absence.
12. The Supreme Court held that unauthorised absence by an
employee
duty, such absence cannot be held to be willful.
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
inquiry officer or determination by the
disciplinary authority that the unauthorised absence was wilful,
the charge could not be treated to have been proved ... duty,
such absence cannot be held to be wilful. Absence from
duty without any application or prior permission may
amount to unauthorised absence
which was a case of a
constable whose unauthorised absence was 37 days cumulatively on three
occasions, and the penalty therein for unauthorised absence ... reply dated 15.03.2016,
the Petitioner has given an explanation that his unauthorised absence is only
on medical grounds, that his absence may therefore be condoned
October 2023 cancelled the petitioner's
DrNB candidature was of unauthorised absence for more than seven
days.
60. In the counter affidavit filed ... more
than the maximum period envisaged in that regard. Such unauthorised
absence, according to the impugned order, would necessarily visit
NEELAM
Signing Date:05.12.2024
15:39:53
(Leave) Rules, the wilful absence from duty after expiry of the period of
Earned Leave availed ... discipline is of paramount significance. When a member of a Force is
unauthorisedly absent and does not report back to duty, he/she is liable
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 ... 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
sanctioning leave;
therefore, he was at fault. This is not acceptable.Unauthorised
absence from duty amounts to misconduct, and respondents No.1
to 3 were ... within their right to take any action for unauthorised
absence, if any. The instructions issued by the Government
regarding the regularisation of unauthorised absence clearly
