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P. B. BAJANTHRI
Pankaj Kumar Ghosh S/o Late Sachinandan Ghosh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
P.B. BAJANTHRI, J.
1. Heard learned counsels for the parties.
2. In the instant petition, petitioners have prayed for following reliefs:
The duty of the appointing authority to initiate disciplinary proceedings to determine unauthorized absence before denying salary entitlement.
The appointing authority must follow the required procedure for dealing with unauthorized absence and initiate disciplinary proceedings before denying salary to an employee.
The importance of providing an opportunity of hearing to the employee/petitioner before passing any adverse order, as mandated by the principles of natural justice.
Absence cannot be termed unauthorised without a conclusive finding from an inquiry officer, and compelling circumstances beyond the employee's control may lead to absence.
Prolonged unauthorized absence from service results in salary forfeiture beyond three years prior to filing a writ petition, while pensionary rights are preserved post-superannuation.
Pension and retiral benefits cannot be claimed for absent periods of service without active engagement or duty, affirming ‘No Work, No Pay’ principle.
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