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2013 Supreme(SC) 579

ALTAMAS KABIR, ANIL R. DAVE, RANJANA PRAKASH DESAI
C. V. Francis – Appellant
Versus
Union of India – Respondent


JUDGMENT

ALTAMAS KABIR, CJI.

1. The Petitioner, who has appeared in person, was employed as a Manager by the Respondent, Bokaro Steel Limited, which subsequently became a unit of Steel Authority of India (SAIL) from 20.2.1998. On the same date a Voluntary Retirement Scheme was introduced and the Petitioner also applied on 7.4.1998 to avail the benefits of the Scheme. The Petitioner claims to have applied for leave from 30.4.1998 to 31.5.1998 which was purported to have been sanctioned.

2. However, without waiting for acceptance of his application seeking voluntary retirement, the Petitioner proceeded to the United States and applied for further leave from 1.6.1998 to 30.6.1998. Such prayer was rejected and the Petitioner was asked by letter dated 26.6.1998 to join his duties from 1.7.1998. The Petitioner did not join his duties, as directed, but again applied for leave from 1.7.1998 to 31.8.1998. By its letter dated 3.8.1998, the Respondent Company informed the Petitioner that leave had not been granted and that he was being treated as absent from duty without leave, for which disciplinary proceedings were being contemplated against him for unauthorised absence. In the absence of any














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