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
other hand,
initiated Disciplinary Proceedings in respect of his unauthorised
absence as per Rule 17(b) of the Tamill Nadu Civil Services
(Discipline and Appeal ... Office Note dated 21.11.2015 had called for
explanation for his 'Unauthorised Absence' for the period from
17.11.2015 to 21.12.2015 and for the subsequent
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 ... 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
Certified Standing Orders of
the writ petitioner-Transport Corporation, unauthorised absence for
longtime is a grave misconduct and consequently, a charge
memorandum was issued ... enquiry. However, the Labour Court finally held that
though the unauthorised absence exceeded six months, cannot be a
ground to impose the punishment of dismissal
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
matter. Therefore, she cannot said to have been in
unauthorised absence. The 3rd respondent directed the applicant to
report back to the duty only ... treated as unauthorised appears to us as
logical. Hence treating her case as a case of unauthorised
absence and resulting in termination of her service
proceeded with the
available records. Removal from service on grounds of unauthorised
absence does not bar him from being eligible to be granted
compassionate allowance ... which
clearly states that applicant was removed from service for unauthorised
absence. Even in the service record of the applicant, entry to the effect
respondents organisation was removed
from service on 11.10.1993 for unauthorised absence during the period
31.5.1990 to 4.7.1995. Consequent to appeal and revision application
being rejected ... revision authority have
upheld the penalty of removal for unauthorised absence of around 5
years.
6. Heard both the counsel and perused the relevant material
charge sheet dated 07.06.2007 was issued with
regard to his unauthorised absence from
02.02.2007 to 07.06.2007, for which
disciplinary proceedings were initiated, Writ
petition ... respondent dated
11.11.2007. The disciplinary proceedings
with regard to unauthorised absence resulted
in order dated 14.05.2009 of the disciplinary
authority holding the respondent guilty
dealing with the issue of termination on
account of unauthorised absence. In the aforesaid case, the
Apex Court in paragraph ... Further, assuming for the sake of argument that the
unauthorised absence of the appellant is a fact, the
employer is empowered to grant of leave
