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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Punjab State Cooperative Agricultural Development Bank Ltd. – Appellant
Versus
Additional Registrar (General), Cooperative Societies, Punjab – Respondent
JUDGMENT :
Namit Kumar, J. (Oral)
The instant petition has been filed by petitioner - Punjab State Cooperative Agricultural Development Bank Limited, Chandigarh (hereinafter referred to as 'the Bank') impugning the order dated 07.08.1996 (Annexure P-9), passed by the Revisional Authority, whereby it has been directed to treat respondent No.2 on duty with all consequential benefits w.e.f. 01.07.1987.
2. The brief facts of the case, as have been pleaded in the petition, are that respondent No.2-S.K. Bhanot was appointed as Land Evaluation Officer vide letter dated 21.03.1969, which has now been redesignated as Field Officer. The service conditions of the employees of the Bank are governed by the Punjab State Cooperative Agricultural Development Banks Service (Common Cadre) Rules, 1978. Thereafter, the Bank has been renamed as 'The Punjab State Cooperative Agricultural Development Bank Limited'. It has further been stated that respondent No.2 had remained on leave due to his illness. Thereafter, he submitted a leave application dated 05.07.1982 for leave from 26.07.1982 to 31.12.1982 on the ground that he wants to go out of India and get himself medically checked up in order to avail bes
Extraneous past regularized absences cannot justify disproportionate removal penalty; timely notice and medical proof negate wilful misconduct claim.
The Tribunal affirmed the proper conduct of disciplinary proceedings and upheld the imposition of penalty for unauthorized absence during medical treatment, establishing the authority's discretion in....
Unauthorized absence not misconduct without proof of willfulness; compelling circumstances like family illness excuse it.
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