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B.Maximus vs State Of Tamil Nadu on 12 April, 2022 Author: V.Parthiban Bench

terms of the original order of transfer dated 07.05.1999 and such unauthorised absence was in violation of rule 20 (1) of the Tamil Nadu Government ... Fundamental rules. The period of the so called unauthorised absence, as alleged in the charge memorandum, was relating to the same period, wherein the petitioner

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

being unauthorisedly absent had been proved by the Enquiry Officer, the Enquiry officer did not make any finding as to whether the unauthorised absence ... sending of postal telegram by the petitioner after his initial unauthorised absence, which is at page Nos. 72, 73 & 74 of the writ petition

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

petitioner went on unauthorised leave from 01.07.1979 to 09.04.1982 and for the said period of unauthorised absence a punishment of "Censure" was imposed ... again went on unauthorised leave from 16.04.1982 to 26.10.1984. 17.The present proceedings relate to the second period of unauthorised absence, the petitioner now seeks

charges and pleaded guilty with reference to the allegtion of unauthorised absence. Thus, the Enquiry Officer hold that the charges against the writ petitioner ... petitioner contended that though the petitioner admitted the allegations of unauthorised absence, the absence was not willful and due to certain compelling circumstances. Thus

Departmental Enquiry was conducted against the writ petitioner for his unauthorised absence from joining time and resulted in awarded of punishment of “stoppage of Annual ... writing, explaining the reasons for absence. Due to his continuous unauthorised absence from duty, a Court of enquiry was ordered vide proceedings dated

Supreme Court, in which it was held that in cases of unauthorised absence, the punishment of removal from service would be excessive and therefore ... interfered with the punishment of dismissal for the period of unauthorised absence of 21 days and directed the delinquent therein to be reinstated into services

competent authorities. Thus, the competent authorities formed an opinion that the unauthorised absence of the petitioner was willfull and imposed punishment of dismissal from service ... certain circumstances for a person to remain unauthorisedly absent. However, such unauthorised absence must be satisfied by producing all relevant records and narrating the facts