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2008 Supreme(SC) 425

S.B.SINHA, V.S.SIRPURKAR
Chairman & MD V. S. P. – Appellant
Versus
Goparaju Sri Prabhakara Hari Babu – Respondent


JUDGMENT:

S.B. Sinha, J.-- Leave granted.

2. Respondent herein was appointed as a Technician (Mechanical) on 11.10.1989. He was placed on probation for a period of 12 months. During the period of probation, he was found to be absent for a period from 11.6.1990 to 27.6.1990. He was warned. A lenient view was taken. He was informed that recurrence of such act would be viewed seriously. Period of probation was extended as he was found to be irregular in attendance.

3. On 9.1.1991, he applied for leave on medical grounds. He failed to appear before the Chief Medical Officer of the petitioner despite having been asked in that behalf and as he failed to do so, his leave was not sanctioned. Despite the same, he sought another extension of leave upto 28.2.1991. He was asked to report immediately before the Chief Medical Officer. He was furthermore informed that failure to comply therewith would result in refusal of leave. He did not report to the Chief Medical Officer.

4. A charge sheet was issued to him for absence without leave for a period of 53 days, namely 28.12.1990 to 28.2.1991. His explanation to the said charge sheet was found to be unsatisfa






























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