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RAJANI DUBEY
Ghasiram Suryawanshi, S/o Phulman – Appellant
Versus
South Eastern Coalfields Limited, Through the Chief Managing Director, South Eastern Coalfields Limited – Respondent
ORDER :
1. This petition has been preferred under Article 226 of Constitution of India challenging the order dated 28.05.2012 (Annexure-P/10) and further for direction to the respondent authorities to allow the petitioner to work under respondent/department.
2. Brief facts of the case are that the petitioner was initially appointed as Electrical Helper (Category-I) on 19.03.1994 at Vishrampur. Subsequently he was promoted in Category-II and thereafter Category-III. It is further the case of the petitioner that he is alleged to have being absent from his duties regularly and the reasons for his absence was given as ‘due to illness’. The petitioner was said to have suffering from hernia and was under treatment at Government Hospital, Bilaspur, but when he could not recover from his ailment, he was admitted at the South Eastern Coalfields Limited, Banki & Surakachhar Hospital at Korba, where the hernia operation of the petitioner was done and after the operation, he was given the fitness certificate by the doctors both the hospitals. Subsequently, the petitioner was also advised for
While courts generally do not interfere with findings of fact in disciplinary inquiries, a penalty of dismissal for unauthorised absence is reviewable if the disciplinary authority fails to exercise ....
The punishment imposed must be in accordance with the prescribed list of punishments under the relevant rules and should not deviate from the statutory provisions.
Judicial review in disciplinary proceedings is limited to ensuring compliance with natural justice and assessing evidence; the High Court does not act as an appellate authority.
Dismissal should only be imposed for willful and intentional absence, and the punishment should be proportionate to the gravity of the misconduct.
Unauthorized absence for a long period constitutes gross misconduct, and the principle of no work, no pay applies in cases of dismissal.
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
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