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HARINATH N.
B. Abraham Lincoln, S/o. Joseph – Appellant
Versus
Union Bank of India, Rep. by its Chairman – cum – Managing Director – Respondent
ORDER :
(Harinath N., J.) :
The petitioner is challenging the proceedings of dismissal dated 31.03.2006 and seek the relief of reinstatement with back wages and other service benefits.
2. The petitioner was appointed as Clerk-Cum-Cashier on 13.06.1981. The petitioner was promoted as Junior Management- 1 in the year 1986. The petitioner was transferred to Visakhapatnam Zonal Office as Assistant Manager. The petitioner was relieved from Guntur Branch on 29.08.2003. The petitioner was required to report at Visakhapatnam branch on 30.08.2003.
3. The petitioner did not report to duty and sent leave letters along with some medical certificates seeking grant of medical leave. It is stated that the petitioner was admitted in Chennai Hospital on 16.12.2003 for treatment of mental imbalance.
4. It is stated that during the period of treatment of the petitioner the enquiry officer was appointed to enquire into the unauthorized absence of the petitioner and enquiry was conducted. The notice of enquiry was not served on the petitioner and that the enquiry officer issued paper publication requiring the petitioner to attend the enquiry proceedings. It is also stated that the petitioner could not at
The court established that an employee's failure to attend disciplinary proceedings and provide credible medical evidence can justify dismissal from service.
Dismissal from service without evidence and failure to follow procedural fairness invalidates disciplinary action, requiring reinstatement and back-wages.
The court upheld the dismissal of a constable for misconduct, emphasizing the importance of timely appeals and the supervisory nature of certiorari under Article 226.
The party who invokes the extra ordinary jurisdiction under Article 32 and Article 226 is supposed to the truthful, frank and open. He cannot be allowed to play ‘hide and seek’ or to ‘pick and choose....
The importance of truthfulness and openness when invoking extraordinary jurisdiction under Article 32 and Article 226, and the serious view taken on indiscipline in the Armed Forces.
Public servants must adhere to attendance regulations, applying for leave instead of unilaterally absenting themselves, which is crucial for maintaining organizational discipline.
Dismissal should only be imposed for willful and intentional absence, and the punishment should be proportionate to the gravity of the misconduct.
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