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DELHI HIGH COURT
CHANDRA DHARI SINGH
Sanjay Gupta – Appellant
Versus
Union of India – Respondent
JUDGMENT
Chandra Dhari Singh, J.
FACTUAL MATRIX
1. The instant writ petition under Article 226 & 227 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:
"(i) to set aside and quash the impugned order dt. 5.11.2009, chargesheet dt. 17.6.08 & findings dt. 12.6.2009.
(ii) to direct the respondent to accept the VRS of the petitioner w.e.f. 6.01.2007 in terms of the Voluntary Retirement Scheme of the respondents.
(iii) to direct the respondent to pay the VRS benefits accrued in favour of the petitioner alongwith interest 12% per annum in order to meet the end of justice alongwith costs in favour of the petitioner.."
2. The Petitioner joined Respondent No.3 (hereinafter referred to as "Kendriya Bhandar") as Accounts Officer w.e.f. 28th June, 1996. He was appointed as Chief Accounts Officer on ad-hoc basis w.e.f. 01st February, 1999 followed by his regularization as Chief Accounts Officer (CAO) w.e.f. 12th January, 2001. The Kendriya Bhandar introduced a Voluntary Retirement Scheme (hereinafter referred to as "VRS") vide circular dated 7th August, 2006 inviting applications for voluntary retirement from the employees upto 6th November
Unauthorized absence from duty by an employee is misconduct, and a Voluntary Retirement Scheme application does not confer automatic retirement rights without formal acceptance.
Judicial review in disciplinary matters is restricted; courts shall not act as appellate bodies to re-evaluate evidence of unauthorized absence or substitute the penalty imposed by a competent author....
The absence without leave or after the end of leave involves loss of appointment as per Article 128 of CSR, and the competent authority must adhere to the principles of natural justice in disciplinar....
The main legal point established in the judgment is the requirement for a thorough examination of an employee's service history and qualifying service when considering a voluntary retirement scheme a....
Employee entitled to withdraw VRS notice before effective date, but acceptance and prolonged use of retiral benefits bars reinstatement under approbate-reprobate doctrine, severing service relation p....
The enforcement of attendance notices must allow employees to report within the stipulated timeframe, and management's failure to comply with procedural safeguards can render termination actions unla....
Employment - Disciplinary proceedings - Grant of lien - It is apparent that President is entitled to discharge certain statutory functions - However, in terms of provisions contained under Regulation....
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