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RAJIV SAHAI ENDLAW, AMIT BANSAL
Ram Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Cm No. 10786/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P.(C) No.3567/2021
3. The petition impugns the order dated 9th April, 2019 of Central Administrative Tribunal (CAT), Principal Bench, New Delhi of dismissal of O.A. No. 518/2014 preferred by the petitioner, impugning the disciplinary proceedings held against him on the charge of unauthorised absentation from duty for a period of 39 months 20 days 22 hours and 15 minutes, resulting in an inquiry report dated 8th November, 2012, of the charge having stood proved and the punishment meted out to the petitioner on 4th January, 2013, of dismissal from service and the order dated 5th September, 2013 of dismissal of departmental appeal preferred thereagainst.
4. This petition itself has been preferred and has come up for hearing after nearly two years of the impugned order dated 9th April, 2019. Considering the relief claimed by the petitioner, of reinstatement in service, the delay of two years on the part of the petitioner, though without job, in preferring this petition, speaks volumes of the conduct of the petitioner even now, though claiming to be
Unauthorised absentation without applying for leave, delay in preferring a petition, and conduct of the petitioner were key factors influencing the court's decision.
Public servants must adhere to attendance regulations, applying for leave instead of unilaterally absenting themselves, which is crucial for maintaining organizational discipline.
Wilful absence from duty over a prolonged period by a member of a disciplined force constitutes continued misconduct, justifying dismissal.
Absence due to compelling circumstances cannot be considered willful, and dismissal orders should consider all relevant aspects before being issued.
Regularization of medical leave by the competent authority and rejoining duty based on medical fitness renders disciplinary action unsustainable.
The court upheld the dismissal of a disciplined force member for unauthorized absence and providing false information, emphasizing the importance of discipline and the limited scope of judicial revie....
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