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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Ram Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's disciplinary dismissal appeal overview. (Para 3 , 4) |
| 2. arguments regarding misuse of illness as defense. (Para 5 , 6) |
| 3. court's critique on petitioner's conduct and documentation. (Para 8 , 9 , 12 , 13 , 14) |
| 4. dismissal of petition based on lack of merit. (Para 15 , 16) |
ORDER
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 y
Public servants must adhere to attendance regulations, applying for leave instead of unilaterally absenting themselves, which is crucial for maintaining organizational discipline.
Unauthorised absentation without applying for leave, delay in preferring a petition, and conduct of the petitioner were key factors influencing the court's decision.
Wilful absence from duty over a prolonged period by a member of a disciplined force constitutes continued misconduct, justifying dismissal.
Regularization of medical leave by the competent authority and rejoining duty based on medical fitness renders disciplinary action unsustainable.
Absence due to compelling circumstances cannot be considered willful, and dismissal orders should consider all relevant aspects before being issued.
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 ....
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
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