Principles of natural justice must be adhered to in disciplinary proceedings, and authorization of absence cannot be deemed misconduct if due to unavoidable circumstances, necessitating fair treatment of employees.

JUDGMENT :

Biswaroop Chowdhury, J.

The Appellant before the Court is a respondent in a Writ Petition and is aggrieved by the Order dated 7th October 2024, passed in WPA-379 of 2024 by a Learned Single Judge of this Court.

2. The respondent no-1/writ petitioner filed Writ Petition being WPA. 379 of 2024 challenging the order of removal from service dated 19-11-2022, including the memorandum, the articles of charge, the findings of the Inquiry Officer decision of the Disciplinary Authority and Appellate Authority.

3. The contention of the Writ Petitioner before the Learned Trial Judge was that the writ Petitioner joined the Bank of Baroda in the year 2011, in the MM.2 scale in Branch operations. After successfully completing tenure of around 10 years of uninterrupted continuous and without a break service he was transferred under Inter Zonal Transfer exercise from Kolkata Zone to Rajkot Zone, Gujrat on 05.09.2024 while being posted in the scale of SM4 in Branch operations in the Siliguri Branch to Savarkundla Branch, Rajkot as Branch Head/Chief Manager. Accordingly the petitioner joined his duty as the Branch Head at Savarkundla Branch that was at Rajkot Zone on 08.09.2021.

4. The petitioner was not charged or convicted for any moral turpitude or breach of trust for abuse of his employment position. The career and conduct of the petitioner so far had been clean and he discharged his official responsibility with complete honesty integration devotion and dedication. It is further contended that the petitioner went on to proceed on sanctioned leave from 4th October 2021 to 16th October 2021. During the continuance of his sanctioned leave in an unfortunate turn of event, he accidentally fractured his left leg. The Writ Petitioner without delay informed the authorities by E-mail on 13th October 2021, about his leg fracture and his inability to join and resume duties upon the expiry of sanctioned leave till he recovered. He attached all relevant medical reports with the E-mail. The respondent Authorities sent an E-mail on 20th October 2021 asking him to provide specific date of his reporting to duty. The petitioner by another Email on 21st October informed the authorities about his medical condition and probable date of joining as 15^th November 2021.

5. It is contended that the petitioner suffered vomiting and was admitted to hospital on 10th November 2021 diagnosed with Viral Hepatities. The petitioner informed the authorities on 12th November 2021 attached therewith all medical records. On 15th November 2021, the petitioner received E-mail for extension of leave on medical grounds without supporting documents which was not considered. On 21st November 2021 the petitioner again sent E-mail attaching all relevant medical records. Thereafter the petitioner on 1st December 2021 explained his medical condition about inability to join and that doctor has prescribed one month rest.

6. According to the letter of respondent authorities dated 15-11-2021 the said medical documents were insufficient and not acceptable without examining them. Similarly the writ petitioner received E-mail on 6th December 2021 informing that his leave would be treated as unauthorized, to which he replied by letter dated 9th December 2021 for reconsideration. The salary of the petitioner was stopped from 15-11-2021. On 15th January 2022, petitioner received Explanatory note from the respondent authorities, to which reply letter was submitted on 18th January 2022. The Writ petitioner was issued memorandum on 1-2-2022 containing the Articles of charge