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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Raju Jat – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Suresh Kumar Kait, J.) : —
The petitioner, who is working as ASI/Exe in Central Industrial Security Force (‘CISF’) and posted at Mumbai Airport, has filed the present petition seeking setting aside of order dated 17.07.2018 passed by respondent No. 4-Senior Commandant, CISF; order dated 24.10.2018 passed by respondent No. 3-Deputy Inspector General (DIG), CISF and order dated 22.03.2019 passed by respondents No. 2-Inspector General (IG), CISF.
2. The rationale behind the aforesaid orders is that on 08.02.2018 petitioner had applied for earned leave w.e.f. 20.02.2018 till 06.03.2018 on the ground of his engagement. The competent authority vide communication dated 09.02.2018 asked the petitioner to apply for leave under casual leave category instead of earned leaves. The petitioner claims to have accordingly modified his leave application on 10.02.2018 and applied for casual leave for the aforesaid period. The petitioner claims to have booked flight ticket in advance on the said day i.e. 10.02.2018 from Chennai to Jaipur for 19.02.2018 with return flight 06.03.2018.
3. The petitioner is aggrieved that the competent authority instead of any assurance to grant leave, issued a
Unauthorized absence from duty, failure to abide by leave application directions, and pre-planned leave without proper sanction constitute gross indiscipline, misconduct, and dereliction of duty unde....
The duration of stoppage of increment cannot exceed one year as per Rule 72 of CRPF Rules 1955, and willful absence must be proven in disciplinary proceedings.
Rule 56 of SFCI Employee (Conduct, Discipline & Appeal) Rules, there is no provision for filing of Review Appeal by an employee.
The main legal point established is that absence from duty cannot be deemed wilful if due to compelling circumstances, and disciplinary proceedings must be based on cogent material.
The doctrine of proportionality must be applied in determining the proportionality of punishment in disciplinary proceedings, and the punishment must be commensurate with the fault committed.
Unauthorized absence from duty and related misconduct proved; the disciplinary process upheld as fair and not in violation of natural justice.
Unauthorized absence from duty due to compelling circumstances beyond the employee's control, such as illness or hospitalization of a family member, cannot be considered willful and does not amount t....
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