2018 Supreme(Jhk) 1217

IN THE HIGH COURT OF JHARKHAND AT RANCHI
D.N. PATEL, AMITAV K. GUPTA, JJ.
The Life Insurance Corporation of India a body Corporate constituted under the Life Insurance Corporation of India Act, 1956 and Ors - Appellant
Versus
Shri Arvind Kumar Singh, S/o. Shri Naresh Prasad Singh and Ors - Respondent
L.P.A. No. 90 of 2014
Decided on : 26-11-2018

Headnote:

Juvenile Justice (Care & Protection of Children) Act, 2015 – Life Insurance Corporation Act, 1956 – Life Insurance Corporation of India (Staff) Regulations, 1960 – Regulation 39 – Constitution of India, 1950 – Article 51-A – Fundamental Rules, 1992 – Rules 18, 22 and 25 – Order of Disciplinary Authority Challenged – Writ petition was preferred by respondent no. 1, challenging the order of disciplinary authority as well as appellate authority, whereby he was removed from the services mainly on the ground that he was unauthorizedly absent on and from 15.05.2000 till the date of his removal, i.e. up to 16.08.2002. – The disciplinary authority has also dismissed the departmental appeal vide order – Both these orders – one which is passed by the disciplinary authority as well as the order passed by the appellate authority were under challenge in the writ petition, preferred by respondent no. 1, which was allowed and hence, the original respondent no. 1 has preferred this present Letters Patent Appeal mainly on the ground that initially also, this respondent no. 1 (original petitioner) had gone on leave for 569 days and in second spell, he wanted to go on study leave to pursue his “Companies Secretary Study” with effect from 15.05.2000 for two years (730 days). – These leaves were not granted, but, this employee (original petitioner) has granted leaves to himself which led into issuance of charge-sheet, and thereafter the charges levelled against the delinquent were proved. – The disciplinary authority passed an order of removal of the respondent no.1 (original petitioner) and in appeal, the disciplinary departmental authority confirmed the order of the disciplinary authority. – Held, Respondent is an original petitioner who had preferred a writ petition bearing W.P.(S) no. 3519 of 2003 challenging the order of removal of the respondent (original petitioner), passed by disciplinary authority and the order passed by the departmental appellate authority – This writ petition was allowed by the learned Single Judge and hence the original respondent no. 1 has preferred the present Letters Patent Appeal – Respondent (original petitioner) was appointed as Assistant and joined the services of Life Insurance Corporation – Immediately after joining the services, the respondent (original petitioner) had gone on leaves for 569 days with all reluctance though there is a provision for maximum extra ordinary leaves for 365 days, the leaves were sanctioned. – In fact once the leniency is shown by the management, the bad habits are being reared up in the employees and therefore sometimes strictness by the management is also desirable. – Immediately after joining the services from 19.01.1996, the respondent (original petitioner) had gone on leaves for 569 days. – If these days are added to the date of joining the leaves period will come up to an end of “August, 1997”. – Once a leniency shown by the management, bad habit has been cultivated into respondent (original respondent). – Now, again he apply for leaves after couple of months on 16.11.1998 for study leaves for two years. – As the respondent was moving from pillar to post for getting the leaves which were not permitted at all in the eye of law and now, he preferred an application before the Chairman of the Life Insurance Corporation for leaves for two years with effect – This application was denied by the Chairman Life Insurance Corporation. – As the respondent was moving from pillar to post for getting the leaves which were not permitted at all in the eye of law and now, he preferred an application before the Chairman of the Life Insurance Corporation for leaves for two years with effect – This application was denied by the Chairman Life Insurance Corporation. – It further appears from the facts of the case that respondent was more interested in the leaves than in working with the Life Insurance Corporation. – Some persons are accepting the Government job, as stepping stone, for some other types of services in future. – Some persons are accepting the Government job to use it as a leverage to get something more, from other institutions. – It appears that the respondent is not exception to such type of employee. After joining the services as an Assistant from 19.01.1996 except leaves he did not do anything else. – Consistently he was moving here and there for getting further leaves for two years after taking the leaves of 569 days. – As there was no provision for study leaves, this appellant has never granted the study leaves. Nonetheless, the respondent was preferring applications before higher authorities. – One more application was preferred by the respondent and now, the adamant respondent (original petitioner) informed the Life Insurance Corporation that he shall go on leave, on his own, with effect from 15.05.2000 and he has mentioned this fact in his application – He tendered his conditional resignation. – This “leave application” itself is a full arrogance because he himself is seeking for the leaves and granting leaves to himself and is also giving a conditional resignation. – Request for study leave was again not accepted by this appellant-management. – Court hereby, quash and set aside the judgment and order delivered by Single Judge passed in W.P.(S) – This Letters Patent Appeal is allowed and disposed of with a cost of Rs.15000/- (fifteen thousand) which shall be deposited by the respondent before the Secretary, Women & Child Development and Social Welfare, Government of Jharkhand, Ranchi towards Juvenile Justice Fund. – This amount will be deposited in Bank Account no. 3734498462-5, Jharkhand Juvenile Justice Fund, State Bank of India, Project Bhawan, Hatia, Ranchi, either by cheque or Bank draft with a period of twelve weeks from today. – This amount shall be utilized for the welfare of the juveniles, as per the duties assigned to the State under the Juvenile Justice (Care & Protection of Children) Act, 2015. – Letters Patent Appeal Allowed