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N. UNNI KRISHNAN NAIR
Khoda Takar S/o Khoda Laji – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. H. Lampu, learned counsel for the petitioner. Also heard Ms. G. Ete, learned Addl. Senior Government Advocate for the State/respondents.
2. The challenge made in this present proceedings is to an order dated 21.06.2012, issued by the Disciplinary Authority imposing a penalty of removal from service upon the petitioner on conclusion of a departmental proceeding drawn against him. The petitioner has also assailed an order dated 03.11.2014, issued by the Appellate Authority and an order dated 25.06.2015 issued by the Reviewing Authority upholding the penalty as imposed by the Disciplinary Authority.
3. The facts requisite to be considered in the present proceeding is noticed herein-below:
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 ....
The main legal point established is that in cases of unauthorized absence from duties, the disciplinary authority must provide the delinquent employee with fair opportunities to defend themselves, an....
The court emphasized that medical documents must establish the inability to discharge duties to justify absence from duty. It also highlighted the importance of conducting enquiry proceedings as per ....
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
Habitual unauthorised absence, failure to comply with orders, and proportionality of punishment in disciplinary actions
The penalty imposed on the petitioner for unauthorized absence was found disproportionate due to his health issues, leading to a ruling for compulsory retirement with pension instead.
Disciplinary proceedings vitiate if an inquiry is conducted without serving proper notice to the delinquent, denying the right to cross-examine witnesses and failing to furnish a copy of the inquiry ....
Disciplinary authorities have the right to impose penalties for unauthorized absence, provided due process is followed and the penalties are proportionate to the misconduct.
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