since
he failed to rejoin, for overstayal of leave or unauthorised absence,
proceedings were initiated and after an ex parte enquiry, the petitioner
was removed ... duty, such
absence cannot be held to be wilful.
18. Absence from duty without any application or prior
permission may amount to unauthorised absence
also medical certificate whenever he was sick. For some
periods of unauthorised absence, he was also awarded minor
punishments.
3. During the period between ... enquiry
proceedings and the enquiry officer held that the charges of
unauthorised absence were proved against the petitioner. Taking the
enquiry report into consideration
replied giving reasons of his family circumstances and
health problems for unauthorised absence. The petitioner company
ordered enquiry into the charges levelled against respondent ... treated as
unauthorised by the employer. The Hon'ble Supreme Court has also
held that treating unauthorised absence as 'leave without
Conductor in the respondent
organisation. He was charge-sheeted for unauthorised absence. The
following are the charges framed:
(1) "For having absented unauthorisedly ... denying the charges and explaining the facts and circumstances for
his unauthorised absence. However, it was not appreciated and a
formal enquiry was conducted
petitioner was
removed from service on 12.03.2007 on the ground of unauthorised
absence from 07.02.2007 to 12.02.2007 without any prior sanction ... that the punishment of
removal from service for the charges of unauthorised absence is very
harsh.
8. Taking the contentions of the petitoner as well
services of the 1st
respondent were terminated on 08.06.2012 for unauthorised absence
from duties from 27.01.2012. The Authority under the A.P. Shops and
Establishments ... absent, notices were given to him and
due to his continued unauthorised absence, his services were terminated
by the Head Office at Mumbai
that there were pending assignments on his table. He attributed the
unauthorised absence and pendency of work, to non-consideration ... explanation, (wherein the 2nd respondent admitted
the pendency of work and unauthorised absence and also agreed for
termination of services), the petitioner Corporation had terminated
petitioner had only overstayed his leave and it is not
unauthorised absence and the punishment of removal from service ... disproportionate to the offence of unauthorised absence. In support of
his contentions that the said offence is not so grave as to call for removal
petitioner, Sri G. Siva, submitted that the
period of unauthorised absence of the petitioner was already regularised
by the respondents vide letter
total of 5 increments were deprived to the
petitioner for unauthorised absence of 110 days. He therefore
submitted that the punishment awarded is disproportionate ... charges of unauthorised absence. In support of his contention about
disproportionality of punishment, he placed reliance upon the
following decisions.
( 1) T. Chiranjeevi and others
