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SANJAY KUMAR MEDHI
Kushal Das S/o Shri Kon Das – Appellant
Versus
State of Assam – Respondent
1. A penalty of removal from service dated 28.06.2014 which has been upheld by the Appellate Authority by dismissing the appeal of the delinquent petitioner is the subject matter of challenge in this writ petition.
2. The facts projected in the petition are that the petitioner was appointed as a Constable in the Assam Police in the year 1990. On 19.04.2012, an explanation was called for from the petitioner as he was often found to be absent from the duties. The petitioner claims to have responded to the said Notice by stating that he was having health issues. Prior to that, to regularise the leave, the petitioner was issued a communication dated 05.04.2012 to submit leave application. On the aforesaid issue of frequent absence from duties without leave, a Departmental Proceeding was drawn up vide a communication dated 11.04.2012 and accordingly, a Show Cause Notice was issued on 19.04.2012. The principal charge against the petitioner was absence from duties without permission. The said Notice had also named certain witnesses. The petitioner claims to have submitted a written statement of defence wherein the cause shown was ailment. It however transpires that even during the pendenc
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....
Disciplinary authorities have the right to impose penalties for unauthorized absence, provided due process is followed and the penalties are proportionate to the misconduct.
Habitual unauthorised absence, failure to comply with orders, and proportionality of punishment in disciplinary actions
The 42nd Amendment of the Constitution of India eliminates the need for a second show-cause notice on the aspect of imposing a major penalty.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
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