Back
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJEEV KUMAR, PUNEET GUPTA
Mst. Rubia Akhter D/O Abdul Gani Ganie W/O: Hilal Ahmad Ganie – Appellant
Versus
Union Territory of J&K through Commissioner Secretary to Education Department, Civil Secretariat – Respondent
JUDGMENT :
Per: Sanjeev Kumar-J
1. The petitioner, Rubia Akhtar, is before us in a writ petition filed under Article 226 of the Constitution of India, to throw challenge to an Order and Judgment dated 29th March 2023, passed by the Central Administrative Tribunal, Srinagar Bench, [“the Tribunal”], in TA No. 4537/2021, titled “Mst. Rubia Akhtar vs. State of J&K and Others”. The petitioner also seeks a writ of certiorari to quash Order No. 1433-DSEK of 2014, dated 2nd December, 2014, along with the inquiry report. The petitioner wants that her period of absence with effect from 19th June, 2007, onward be treated as on duty with all consequential benefits.
2. Briefly put the facts as projected by the petitioner before the Tribunal are that, the petitioner was appointed as a Class-IV employee in the School Education Department vide Government Order No. 393-GAD of 1996, and was adjusted as Lab Bearer at Government Higher Secondary School, Nowhata, against available post. For remaining unauthorizedly absent from service, the petitioner was placed under suspension by the Director of School Education, Kashmir, vide Order No. 4047-DSEK of 2004, dated 2nd September, 2004. The petitioner was sub
The court upheld the Tribunal's decision treating the petitioner's unauthorized absence as 'dies non', emphasizing the principle of 'no work no pay' due to lack of justification for absence.
Unauthorized absence from duty without prior permission or timely communication justifies dismissal under applicable regulations.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Court affirmed 'No Work No Pay' applies where absence is unauthorized and justified by inquiry findings.
Unauthorized absence for a long period constitutes gross misconduct, and the principle of no work, no pay applies in cases of dismissal.
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
The importance of providing an opportunity of hearing to the employee/petitioner before passing any adverse order, as mandated by the principles of natural justice.
The main legal point established in the judgment is the requirement for employees to adhere to procedural and leave rules, respond to requests for documentation, and comply with disciplinary proceedi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
