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BIVAS PATTANAYAK
Shabbir Sayyed – Appellant
Versus
Ld. District & Sessions Judge, Andaman & Nicobar Islands, Port Blair – Respondent
JUDGMENT :
Bivas Pattanayak, J.
1. This writ application under Article 226 of the Constitution of India, has been filed by the petitioner for quashing the Memorandum No. 6-2023/CRT/PB/CON dated 9th February 2023 for holding inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 against the petitioner in a departmental proceeding in relation to Memorandum No. 04-2023/CRT/PB/CON dated 31st January 2023 issued by respondent No. 1, Learned District & Sessions Judge, Andaman & Nicobar Islands, Port Blair and also for direction upon Respondent no. 1 to treat the period of absence of petitioner from his place of posting as “Leave on Duty” and further for releasing remunerations, allowances etc. in favour of the petitioner.
2. The petitioner is a Lower Grade Clerk under Respondent no.1, Learned District & Sessions Judge, Andaman & Nicobar Islands, Port Blair and attached to the office of Respondent no.2, Learned Additional District & Sessions Judge, North & Middle Andaman District, Mayabunder. By dint of Office Order No. 7 dated 10th May 2021,
A government servant who is unable to return to his headquarters due to non-availability of public transport during a pandemic is deemed to have joined duty on the date of expiry of official tour.
Disciplinary actions must satisfy the test of reasonableness. Imposing severe penalties for absence during a global health crisis without considering extenuating circumstances beyond the employee’s c....
The absence from duty without application or permission may not always amount to unauthorized absence, especially in the context of compelling circumstances such as illness or quarantine due to COVID....
The absence of an employee during the COVID-19 lockdown cannot be construed as misconduct if the employee was unable to attend his duties due to the restrictions imposed by the administration.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
Point of Law : Court regarding the allegation being of overstay in leave, the impugned order of dismissal is held to be unsustainable in law.
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