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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JUSTICE AMIT RAWAL, JUSTICE K. V. JAYAKUMAR, JJ
NITHEESH K. S/o BALAKRISHNAN – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
Amit Rawal, J.
The present OP(CAT) is directed against the order dated 19.12.2022 in OA No.591 of 2021 filed by the petitioner-applicant challenging the order dated 21.1.2021 whereby petitioner- applicant was imposed a punishment of compulsory retirement from railway services on the allegation of unauthorized absence from duty for a period of 148.5 days from 19.3.2020 to 14.8.2020 excluding the quarantine period.
2. Succinctly, the facts in brief for adjudication of the lis are as under: The applicant-petitioner was employed in Central Workshop, Thiruchirapally, Tamilnadu under the Railways as Technician -III. The leave was granted for a period of three days from 16.3.2020 to 18.3.2020 (both days inclusive) on medical emergency and accordingly, he proceeded to his native place at a village in Nilambur in Kerala. On the ground of illness, another extension of leave from 19.3.2020 to 21.3.2020 was sought, which was granted.
3. On 22.3.2020, there was a general curfew declared, to contain the Coivd-19 pandemic, followed by national lockdown which continued up to 2nd June, 2020. Entire activity in the country came to a grinding halt. Later on, on 31.7.2020, hired a taxi and afte
The court established that absence during the COVID-19 lockdown should be treated as justified casual leave, and severe penalties for such absence were disproportionate.
The principle of proportionality in imposing penalties for employee misconduct and the emphasis on not expecting leniency if the same misconduct is repeated in the future.
Compulsory retirement without inquiry contravenes procedural rules; willful absence and voluntary abandonment justify such penalties in employment law.
Submission of voluntary retirement application does not entitle employee to relief from dismissal due to unauthorized absences without valid justification.
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