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HRISHIKESH ROY, S. V. N. BHATTI
Life Insurance Corporation of India – Appellant
Versus
Om Parkash – Respondent
ORDER :
(Hrishikesh Roy, J.)
1. Heard Mr. Kailash Vasudev, learned Senior Counsel appearing for the appellant(s). Also heard Mr. Jaideep Gupta, learned Amicus Curiae assisted by Mr. Kunal Chatterjee, learned counsel for the respondent.
2. The challenge here to the judgment and order dated 26.06.2008 in the LPA No.6/2003 of the High Court of Himachal Pradesh whereunder, the judgment of the learned Single Judge dated 21.05.2003 was upheld by the Division Bench. Through the said judgment, the termination of the respondent ordered by the appellant(s) on 25.06.1996 was found to be unsustainable on the ground of not providing due opportunity to the delinquent. The learned Single Judge set aside the penalty of removal from service granting all consequential benefits to the delinquent. The Court however observed that the employers were at liberty to proceed to conduct inquiry on the charges in terms of the Life Insurance Corporation of India (Staff) Regulation, 1960 (for short “LIC Staff Regulation”, and take necessary action.
3. The disciplinary authority while ordering removal from service of the respondent through the order dated 25.06.1996 (Annexure P-1) considered the absence from duty b
A delinquent who is guilty of suppression of fact is disentitled to equitable relief from High Court in exercise of powers under Article 226 of Constitution.
Point of Law : Upholding the validity of the action of the Bank in applying the clause 16 of the bipartite statement by noticing the employee and not holding regular departmental enquiry, the positio....
Absence from duty for an extended period can amount to voluntary abandonment of service, negating the need for disciplinary actions prior to termination.
Long absence from service without proper intimation or correspondence can amount to abandonment of service, leading to automatic termination of employment.
A prolonged pattern of unauthorized absence can lead to an inference of voluntary abandonment of service without requiring a formal termination by the employer.
Terminate from service - Unauthorisedly absent from duty - Rule 18 of Financial Handbook held that there cannot be any automatic termination of services of employee, in case of absence from duty, sam....
Long unauthorized absence from employment constitutes abandonment of service, justifying termination without reinstatement.
The termination of an employee without considering their representations and without proving misconduct is illegal.
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