Back
V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Sandeep Kumar Yadav – Appellant
Versus
GNCT of Delhi – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J. The challenge in this petition is to an order dated May 10, 2023 passed by the Central Administrative Tribunal (hereinafter, referred to as the `Tribunal') in O.A. No.259/2022, whereby the Tribunal dismissed the O.A. preferred by the petitioner seeking following reliefs:
"A. Quash and set aside impugned orders dated 01/09/2021, 29/05/2020 and 19/05/2020;
B. Direct the Respondents to treat the intervening period between 21/04/2020 and 14/10/2020 as period spent on duty, and award all consequential benefits thereto;
C. Direct the respondents to pay the deducted salary for the period between 21/04/2020 and 14/10/2020;
D. In the alternative to prayer B & C, direct the respondents to treat the period between 21/04/2020 and 14/10/2020 against accumulated earned leave for the year 2020 and pay the deducted salary for the period between 21/04/2020 and 14/10/2020; and
E. Award cost of the proceedings."
2. In brief, a departmental inquiry was initiated against the petitioner under the provisions of Delhi Police (Punishment and Appeal) Rules, 1980 vide office order dated November 11, 2020 for unauthorizedly absenting for a period of about 05 months 22 days, with
Disciplinary actions must satisfy the test of reasonableness. Imposing severe penalties for absence during a global health crisis without considering extenuating circumstances beyond the employee’s c....
The main legal point established in the judgment is the justification of dismissal for grave misconduct, insubordination, and indiscipline due to unauthorized absence from duty for over two years, de....
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 ....
Unauthorized absence without evidence of willfulness cannot justify severe penalties like dismissal, reflecting a lack of proportionality in disciplinary actions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
