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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SRI ANANDA SEN, J.
Sushanta Sarkar S/o Bhadulal Sarkar – Appellant
Versus
Union of India through Director General, CISF – Respondent
| Table of Content |
|---|
| 1. statutory and procedural enforcement of disciplinary actions in employment. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. evaluation of lawful punishment within employment discipline. (Para 9 , 10) |
JUDGMENT :
1. Heard, learned counsel for the petitioner and learned counsel for the respondents.
2. Petitioner in this writ petition has challenged the order dated 12.10.2016, whereby the petitioner has been punished on conclusion of a departmental proceeding. The Appellate order dated 16.01.2017 is also under challenge.
3. Petitioner is a Constable in CISF. He was posted in Bokaro Steel Plant. The departmental chargesheet was submitted against the petitioner mentioning therein that the petitioner from 11.05.2016 to 10.06.2016 i.e. 31 days, remain unauthorizedly absent without any information. The departmental proceeding was initiated and after conclusion of the same, he was inflicted with the punishment of stoppage of one increment without cumulative effect, as it was held that the petitioner had committed the misconduct.
4. Learned counsel for the petitioner submits that leave was already sanctioned, but the order could not be delivered to him and without receiving the order he had
The court confirmed that an employee's unauthorized absence from duty constitutes misconduct justifying disciplinary action, even when leave has been sanctioned but subsequently cancelled.
The limited scope of interference to a punishment imposed pursuant to a departmental enquiry, barring a few exceptions, and the principle that re-appreciation of evidences is not permissible.
Unauthorized absence from duty, failure to abide by leave application directions, and pre-planned leave without proper sanction constitute gross indiscipline, misconduct, and dereliction of duty unde....
The court upheld the punishment of removal from service for unauthorised absence without sanctioned leave, emphasizing the competence of the disciplinary authority and the established misconduct.
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