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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Snigdhendu Ghosh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's background and resignation details. (Para 2 , 3 , 4 , 5 , 6) |
| 2. decision on minor punishment for prolonged absence. (Para 8 , 10 , 11 , 12) |
| 3. reliefs sought by the petitioner. (Para 14 , 15 , 16 , 17) |
| 4. respondents' objections and claims. (Para 18 , 19 , 21 , 22) |
| 5. court's reasoning on resignation acceptance. (Para 26 , 29 , 30) |
| 6. compliance with statutory remedies. (Para 34 , 35 , 36) |
| 7. final ruling on the merits of the case. (Para 37 , 38 , 39) |
JUDGMENT :
Madhuresh Prasad, J.
1. The writ petitioner was the applicant before the Tribunal.
2. The brief factual background leading to the filing of Original Application No. 706 of 2022 before the Central Administrative Tribunal, Kolkata Bench (hereinafter referred to as “CAT”) is that the petitioner, who is serving in the State Health Services since 27.07.1993 was at the relevant time posted as Senior Divisional Medical Officer/Neuro at Kasturba Gandhi Hospital in the Chittaranjan Locomotive Works (hereinafter referred to as “CLW”). He applied for and availed leave from 17.01.2011 to 22.01.2011.
3. The petitioner claims that he met with an accident on 24.01.2011 and was advised bed rest. In support of such asse
Absenteeism in government service warrants strict consequences, and resignation once accepted by competent authority is irrevocable, impacting entitlement to benefits.
Removal from service for prolonged unauthorized absence upheld; no acceptance of resignation during pending disciplinary proceedings; no discrimination claim valid against lesser penalty in another c....
The Tribunal affirmed the proper conduct of disciplinary proceedings and upheld the imposition of penalty for unauthorized absence during medical treatment, establishing the authority's discretion in....
Pensionary benefits can be denied for periods of unauthorized absence under applicable rules, and prior decisions concerning the same parties bar relitigation under res judicata principles.
The main legal point established in the judgment is the requirement for a thorough examination of an employee's service history and qualifying service when considering a voluntary retirement scheme a....
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