appellants, there is no material
to substantiate this claim. His unauthorised absence was treated as desertion from
duty, and a charge memo dated ... dated 08.08.2008, wherein an
instance of unauthorised absence for 21 days was considered and the delinquent
police official was directed to be reinstated, albeit without
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.
17. The Supreme Court held that unauthorised absence by an employee
days of unauthorised absence at a stretch; the absence was
intermittent in the aforementioned period. The maximum
period of unauthorised absence at a stretch ... itself
12
would not make the unauthorised absence an authorised
absence. The absence still remains unauthorised.
28. Learned counsel for the petitioner also raised
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
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
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
Signing Date:28.02.2025
17:49:38
were all pertaining to alleged unauthorised absence from duty. The
Articles of Charge, in the chargesheet dated 10 June ... thereto.
(iii) Re: Article III
(a) This Article of Charge alleged unauthorised
absence by the petitioner for the period 27 October 2010
to 11 November
impugned order makes a
reference to the petitioner's unauthorised absence from 16.09.2010 till the
date of passing of the order ... while denying the writ
averments contended that the petitioner's unauthorised absence is not only
limited to the period mentioned in the order dated
ground that the
petitioner has admitted about his absence from duty.
9. Mere absence or unauthorised absence from duty shall not result
in imposing ... 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
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
