JUDGMENT :

Jay Sengupta, J.

1. This is an application challenging an order of removal from service bearing reference No.- Rajkot: ZO: HRM: 04/807 dated 19.11.2022 including the memorandum, the articles of charges contained therein, the findings of the inquiry authority and the order of the Executive Director and Appellate Authority dated 03.05.2023 and all subsequent proceeding in connection with the purported disciplinary proceeding.

2. Learned counsel for the petitioner submits as follows. The petitioner joined the Bank of Baroda in the year 2011, in the MM2 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, Gujarat, 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. The petitioner did not avoid and/or was reluctant to transferable job and/or extensive travel in connection with his employment positions with the respondent Bank at any point in time in his career. Also, during the entire tenure of his career with the respondent Bank, the petitioner was not charged and/or convicted and/or proved for any moral turpitude and/or misconduct including, but not limited to misappropriation of money, breach of trust, abuse of his employment positions, etc. 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. The petitioner went on/proceed to sanctioned privilege leave from 4th October, 2021 to 16th October 2021. During the continuance of his sanctioned leave, in an unfortunate turn of event, he accidently fractured his left leg. Without delay he informed authorities by Email 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 this Email. The respondent Authorities sent an Email on 20th October, 2021 asking him to provide specific date of his reporting to duty. The petitioner sent another Email on 21st October, 2021, informed authorities about his prevailing medical condition and probable date of joining as 15th November, 2021. However, it was only a probable date, consistency as to specific date of joining upon recovery could not be always guaranteed and/or predicted with absolute certainty. It depended on several variables, contributing factors affecting timely recovery. On 9th November, 2021 the petitioner suffered vomiting, was admitted to hospital, on 10th November, 2021, diagnosed with Viral Hepatitis, informed authorities on 12th November, 2021 via Email, through his wife’s Email id, attached therewith all relevant medical records, medical certificates, supporting documents, discharge certificate etc. On 15th November, 2021 the petitioner received Email from the respondent authorities and/or competent authorities which said that merely forwarding Email for extension of leave on medical grounds without supporting documents could not be considered. However, meanwhile already well in advance and/or without delay, the petitioner had provided and addressed to the respondent authorities through Email communications attaching therewith all relevant medical documents, medical prescriptions, medical certificates, supporting documents, etc. On 21st November, 2021 the petitioner again sent Email attached all relevant medical records. On 1st December, 2021 the petitioner received one Memo via Email from the respondent authorities that he did not report for duty nor submitted required medical documents. Hence, w.e.f. 15th November, 2021 his leave would be treated as unauthorised leave. He was a