inter alia alleged that from 29.11.2001 to
15.12.2001, he had remained absent unauthorizedly and without
prior permission. The charge also further reads that the original ... occasions the
petitioner remained unauthorizedly absent. Ultimately, it affected
the students and the education. Lastly, the petitioner remained
absent unauthorizedly and without getting leave sanctioned
insubordination or disobedience of lawful or reasonable order of employer and unauthorized absentism found in the departmental enquiry;
alternatively
That, persistent defiance, disobedience and indifferences ... management or of a superior.
Charge No.2:
You are remaining unauthorizedly absent from your duties w.e.f 1.2.92 either at Krishnanagar Branch
required to be noted that as such the petitioner remained
unauthorized absent from duty for approximately 16 years. He
reported for duty in the year ... Application No.236/2004.
Despite the fact that the petitioner remained unauthorized absent
for approximately 16 years and therefore, he was not permitted to
resume
respondent No.1 being Teacher appointed
in the Government School, remained unauthorizely absent for
more than one year, thereby as per rule-16 of Gujarat ... unauthorized
absence from his services, thereby it would be a deemed
resignation. It is further submitted that in past, respondent
No.1 remained unauthorizedly absent
consideration his apology and assurances
given for not remaining unauthorized absent, he was continued
in service. Despite earlier assurances given, he remained
unauthorized absent ... that from 10.06.2003 till the date
of his dismissal, he remained unauthorized absent many times.
For earlier occasions the respondent had accepted his
misconduct
leave was rejected, it
was found that the petitioner had remained absent
unauthorizedly. That, he had disobeyed the orders of his
Superior and therefore action ... year, the petitioner has
remained out of service by remaining unauthorizedly absent,
attracting the ingredients of Rule 16(2). There is no case
initiated by the
Management against the original petitioner for remaining
unauthorizedly absent. A public notice was given. That after
following due procedure as required under ... dismissed from service / removal from service on the
ground of remaining unauthorizedly absent. It appears that
thereafter in the year 2012, the original petitioner returned
1984 and 08/12/1984. Thereafter, the
respondent-employee remained absent unauthorizedly from 09/12/1984
onwards. Thereafter, by Notice dated 04/03/1985 ... notices/communications, the respondent did not resume the
duty and remain absent unauthorizedly for longer period and despite
the last communication to the respondent that
applications and he was charged for
remaining absent unauthorizedly. The Tribunal recorded that when
the respondent No.1 had made three applications for grant ... remained absent
from duty for the period from 21.5.2005 to 6.7.2005 without leave.
He submitted that once the charge of remaining absent
unauthorizedly from duty
That a
departmental inquiry was initiated against the petitioner for remaining
unauthorizedly absent without leave. After completing the departmental
proceedings and having found that ... petitioner remained
unauthorizedly absent for 89 days without leave and that after the arrest
warrant was issued against the petitioner, only thereafter he reported
