An employee's absence from work is not unauthorized if it is justified by medical certificates.

T. N. C. RANGA RAJAN, J.

( 1 ) THIS Writ Petition is directed against the punishment awarded to the petitioner in disciplinary proceedings.

( 2 ) THE petitioner joined the service of the Electronic Corporation of India Limited on 1-8-1972 and rose upto the rank of Assistant Technical Officer. In the year 1982, he took leave on medical grounds. On 21-12-1982, his services were terminated by giving notice-pay. He filed Writ Petition No. 9609/82, which was allowed on 27-3-1987 with a direction to the first respondent to reinstate him. It was also stated that this did not preclude the respondent from holding a disciplinary enquiry and that the petitioner should be paid half the salary for the intervening period and he will be entitled to the full salary if no enquiry is commenced within six months and the remaining salary shall be subject to the final orders after an enquiry is held. On 17-4-1987, he was reinstated and on 14-5-1987 a Charge Memo was issued framing the following four charges: (i) wilful insubordination or disobedience to the reasonable order of superior; (ii) absence without leave or over-staying the sanctioned leave for more than three consecutive days without proper or satisfactory explanation; (iii) irregular attendance; and (iv) neglect of work or negligence in the performance of duty. The petitioner gave his reply on 18-5-1987 and thereafter, an enquiry officer was appointed to conduct the enquiry. After taking evidence, the enquiry officer gave his report on 18-11-1987 giving a finding that the first charge was not proved, and the charges of irregularity in attendance, absence without leave and negligence of work had been proved. Thereafter, on 8-12-1987an order was passed awarding the punishment of reduction to lower stage in the time scale by four increments. The petitioner filed an appeal on 18-12-1987 pointing out that the enquiry did not take the correct facts and that his absence was covered by medical certificate. This was rejected on 10-3-1988 while stating that on a careful consideration of the appeal and the decision of the disciplinary authority, the Managing Director has directed that the punishment imposed by the disciplinary authority, shall be retained without any change. On 7-1-1988, the petitioner has also requested to release 50% of the back-wages, which had not been dealt with in the appointment order. On 12-11-1988, this request was also rejected stating that he was not entitled to the balance 50% of the wages.

( 3 ) ON these facts, the petitioner has filed this writ petition challenging the orders in appeal as well as the rejection of the claim for balance of pay, as untenable. The learned Counsel for the petitioner submitted that a reading of the charge memo itself revealed that they had pre-judged the issue, that there was no application of mind by the appellate authority, that the finding was vitiated by incorrect facts, that the punishment was disproportionate to the misconduct, and that similar lapse has been condoned in the case of another employee. It was also submitted that forfeiture of 50% of the salary was not in accordance with the earlier decision of this Court. On the other hand, the respondent has filed a counter-affidavit to contend that the obsence was not fully covered by medical certificate, and since the disciplinary proceedings, after following the procedure, had ended in a finding that the petitioner was absent without leave, the punishment was awarded taking a lenient view and it did not require any interference. The learned Counsel for the respondent also drew my attention to the rules of the Institution, and pointed out that no employee is entitled to extraordinary leave as of right and if any one avails such leave without proper sanction, it will be treated as break in service. He referred to the analagous provisions in the scheme under the Employees State Insurance Act, as well as the definition of retrenchment under Section 2 (oo) of the Industrial Disputesac

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