case but the petitioner has been found guilty for unauthorised absence. learned Counsel submitted that the petitioner's unauthorised absence has been regularised ... concerned with the punishment awarded to the petitioner for his alleged unauthorised absence of 1173 days.
15. For the aforementioned period of unauthorised absence
para 6 of the Chief office memo cited the unauthorised absence/ other misconduct and failure in examinations by the recruits/cadets amount to unsatisfactory conduct ... Rules. A punishment having already been imposed for unauthorised absence, termination of probation would amount to double punishment which is impermissible under the statute
opinion, the employee after
having been held guilty of unauthorised
absence from duty cannot claim the benefit of
increments notionally earned during the period ... unauthorised absence in the absence of a
specific direction in that regard and merely
because he has been directed to be reinstated
with the benefit
arrived at by looking into the period
of absence, more particularly, when same is
unauthorised. Burden is on the employee who
claims that there ... There also conditions are
stipulated, non-observance of which renders the
absence unauthorised."
Yet recently in State of U.P. v. Sheo Shanker
that
the Respondent was unauthorisedly absent from duty on his own accord
from 1.11.1977 and that since he had remained unauthorisedly absent
beyond the prescribed ... back wages. It was, therefore, stated that in
view of the unauthorised absence of the Respondent which amounted to
voluntary abandonment of service, the question
despite having been given an
opportunity of hearing, explanation regarding his
unauthorised absence is not forthcoming or despite
giving him an opportunity to join
under:
8
"(b) An employee who desires to obtain leave of
absence shall apply to the Manager or the Officer
authorized ... case the back wages
should have been directed to be paid.
Unauthorised absence for a long time is a serious misconduct. If
respondent was aggrieved
kind of leave from the Superintendent of
Police. In view of unauthorised absence, the appellants herein initiated a
departmental inquiry against the respondent. The respondent
opinion, the employee after
having been held guilty of unauthorised absence
from duty cannot claim the benefit of increments
notionally earned during the period ... unauthorised absence in the absence of a specific
direction in that regard and merely because he has
been directed to be reinstated with the benefit
belonging
to Gr. 'C' and 'D' have been unauthorisedly abstaining
themselves from duty, during their working hours,
indulging in demonstration/dharnas ... This will not only
cover the prospective cases, but also past
unauthorised absence, during the current
month.
2. The employees are not to be granted
