absentee as he had absented himself unauthorisedly on 40 earlier occasions. On the grounds of his unauthorised absence amounting to mis-conduct, a departmental enquiry ... delinquent's absence it was not open to the government to proceed on the basis that his absence was unauthorised. This order was challenged
without sanctioned leave unauthorisedly in the year 1987. A show cause notice was issued to him about his above unauthorised absence on 26.8.1988 to which ... absented from duties unauthorisedly from 18.7.1988 to 3.10.1988. He was given a show cause notice dated 16.12.1988 for this unauthorised absence and he was asked
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
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
name
was struck off the rolls on the ground of unauthorised absence. A
consequential release order dated 9th December, 2019 records that his
services stood ... communication enclosed the termination
letter along with prior notices alleging unauthorised absence dated 1st
October, 2019, 30th October, 2019 and 15th November, 2019, the transfer
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
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
relevant paragraphs of the judgment are reproduced herein:
"11. Unauthorised absence (or overstaying leave), is an act
of indiscipline. Whenever there is an unauthorised ... open to the employer. The
first is to condone the unauthorised absence by accepting the
explanation and sanctioning leave for the period of the
unauthorised
controverter by the respondent interalia for the reason that his unauthorised absence had been regularised by the DTC as it was treated as leave without ... that this absence was unauthorised or that the workman was a habitual defaulter or negligent that his alleged unauthorised absence fell within the mischief
Mehta (6507),
B-366, Sudershan Park,
New Delhi-110 015
Sub : Unauthorised absence from duty
It has been reported that you are absenting yourself from ... 17858/2004 page 6 of 80
New Delhi-110 015
Sub : Unauthorised absence from duty
You have not been attending office since April