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
period of suspension from
24.02.1998 to 22.11.2002 is treated as unauthorised
absence only. Petitioner submitted representations dated
26.07.2005 and 13.04.2005, to reinstate him to duty ... petitioner was compulsorily retired from
service on 18.08.2004, for long unauthorised absence, in
terms of a Circular dated 27.07.1994 and that, in respect
submitted that the order of imputation made out also
relates to unauthorised absence which had not been taken
note of by the Appellate Authority ... unauthorised absence
as unauthorised absence requires absence to be willful.
Accordingly, even if the charge of unauthorised absence
was made out in the enquiry proceedings
years. Show-cause notice was issued by the
company for the unauthorised absence from July 2009 to
December 2009 for a period of 21 days ... held
that the order of dismissal is not justified, since the
unauthorised absence stated by the Management was
not willful and intentional on the part
Corporation. He remained unauthorisedly
absent from duty with effect from 03.03.1998. Based on
the report of concerned Depot Manager, reporting
unauthorised absence of the petitioner ... Charge dated 08.06.1998 was issued alleging
commission of misconduct of unauthorised absence with
effect from 03.03.1998. Respondent filed his reply dated
01.07.1998. A departmental Enquiry
remaining unauthorisedly absent from attending to
his/her employment. It only says that, in such an
event, where an employee goes on unauthorised
absence ... unauthorised absence. It is because the
absence on the part of the employee without any
authority or authorisation would only result into an
unauthorised absence
placed before the Enquiry Officer to
demonstrate the allegation of unauthorised absence. On
43
the other hand, the leave application placed before the
Enquiry Officer ... that there is no material
which unambiguously demonstrate the fact of
unauthorised absence and in the opinion of this court it
has rightly done
obtaining prior permission from the authorities. The Corporation contends that the unauthorised absence had caused such inconvenience to the working of the depot, that ... manager submitted his report regarding the unauthorised absence of the employee to the disciplinary authority for taking necessary action. The disciplinary authority issued a call
17315/2005 that the respondent-workman was found guilty of, unauthorised absence from duty from June 11, 1999 to September 25, 1999 without applying ... having regard to the fact that the allegation of misconduct of unauthorised absence for a period of nearly four months was proved, the Labour Court
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
