terminated from his services on the
ground of alleged misconduct of unauthorised absence, and no enquiry was
conducted before the termination of services ... against the appellant to prove the alleged misconduct of
unauthorised absence by placing reliance upon Article 311(2)(b) of the
Constitution of India
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 ... required to prove that the absence is wilful and in the
absence of such a finding, his absence will not amount to
misconduct. However
lieu thereof. Amended
Regulation-grounds (c) & (d) unauthorised absence and taking
part in politics--15 days notice required--No requirement of
any other notice ... adding
two more grounds namely, if the employee remains on an
unauthorised absence or if he takes part in active politics,
in such cases
that, in such a disciplined force, leaving headquarters without permission and unauthorised absence from duty for 20 days would justify imposition of punishment of removal ... penalty imposed. (Damoh Panna Sagar Rural Regional Bank and V. Ramana) .
UNAUTHORISED ABSENCE FROM DUTY: WHETHER PUNISHMENT OF REMOVAL FROM SERVICE IS GROSSLY DISPROPORTIONATE
B.Maximus vs State Of Tamil Nadu on 12 April, 2022
Author: V.Parthiban
Bench
from November 27, 1993 till December 31, 1993. Because of this unauthorised absence for a long time, the petitioner-management decided to take action ... petitioner issued charge-sheet on January 20, 1994 for the unauthorised absence for the period from January 20, 1994 to February 25, 1994 and another
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 ... prove that the absence is wilful and in the absence of any such finding, the absence will not amount to misconduct. Absence from duty without
years of unblemished record of service on the ground of unauthorised absence is unproportionate and highly excessive.
3. Petitioner attained the age of superannuation during ... contended that charge Nos.1 and 2 are for unauthorised absence for the period from 13.3.1999 to 28.9.2000 and the said period of leave
duty, such absence can not 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 absence of such finding, the
absence will
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
