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N. UNNI KRISHNAN NAIR
Mehjabin Khabir Hazarika, C/o. Mr. A. Hazarika – Appellant
Versus
State Of Assam, Rep. By The Commissioner and Secretary, Education Deptt. , Govt. Of Assam – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.) :
Heard Mr. Hasibur Rahman, learned senior counsel, assisted by Mr. P.W.A. Mazumder, learned counsel, appearing on behalf of the petitioner. Also heard Mr. Bedanta Kaushik, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1, 2 & 3. None has appeared on behalf of respondent No. 4.
2. The writ petition was dismissed by this Court vide order, dated 21. 06.2024. Thereafter, the petitioner, herein, had instituted a review petition being Review Pet. No. 125/2024.
3. The above-noted Review Petition was allowed vide order, dated 14. 08.2024, recalling the order, dated 21.06.2024, passed by this Court in the instant writ petition being WP(c)3880/20217. Thereafter, the matter was again heard on 16.08.2024, and is fixed today, for delivery of orders.
4. The petitioner, herein, by way of instituting the present proceeding, has assailed the order towards imposition of the penalty of dismissal from service with further prayer for reinstatement in her service with all consequential benefits.
5. The petitioner was initially appointed as an Assistant Teacher on 17.05.1991 and posted to Maligaon Girls’ High School. Sh
A public servant's unauthorized absence can lead to dismissal, even if procedural irregularities exist in the disciplinary process, if the absence is deemed as abandonment of duty.
Unauthorized absence from duty without prior permission or timely communication justifies dismissal under applicable regulations.
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
Modification of penalty that is imposed by disciplinary authority unless, in an exceptional circumstances, is a realm of the powers of Disciplinary Authority. Therefore matter is to be remitted back ....
Habitual absenteeism in a disciplined force justifies dismissal, and previous misconduct can be considered in determining penalties.
Disciplinary authorities have the right to impose penalties for unauthorized absence, provided due process is followed and the penalties are proportionate to the misconduct.
The Court emphasized the importance of integrity and devotion to duty in Uniformed Services, and held that unauthorized absence, even with medical grounds, may justify dismissal from service.
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