Back
INDRAJIT MAHANTY, S. G. CHATTOPADHYAY
Saurajit Paul – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. background of dismissal case. (Para 1 , 2) |
| 2. appellant’s claims and counterclaims. (Para 3 , 4 , 5) |
| 3. arguments by both parties. (Para 6 , 7 , 8) |
| 4. court's reasoning on inquiry and decisions. (Para 9 , 10 , 11 , 12 , 13) |
| 5. judgment dismissal. (Para 14) |
JUDGMENT
S.G. Chattopadhyay, J. - The appellant, an ex-employee of the Central Reserved Police Force (CRPF for short) has filed this appeal challenging the judgment and order dated 20.05.2020 passed by the learned Single Judge in WP(C) No.1343/2016 whereby the learned Single Judge declined to interfere with the order of dismissal of the appellant from service for his long unauthorized absence from duty and dismissed his writ petition.
2. The factual context of the case is as under:-
The appellant who was a constable in CRPF proceeded on sanctioned leave for a period of 60 days commencing from 11.05.2009 to 09.07.2009. As stated by the appellant, while he was travelling back from his home-town to the place of posting for resuming duties, he fell sick. Moreover, there was road blockage due to landslide which prevented the appellant from returning to his place of posting on completion of his leave period. For these multif
The dismissal of an employee for unauthorized absence is valid if supported by evidence and no breach of natural justice occurs during the disciplinary inquiry.
The court's decision highlighted the discretionary nature of issuing a writ under Article 226 of the Constitution of India and emphasized the limited scope for interference in disciplinary matters, u....
Disciplinary action must consider leave applications on medical grounds to ensure fairness in proceedings.
Prolonged absence treated as willful misconduct despite medical claims absent proof of department intimation; disciplinary findings upheld if enquiry fair and not perverse.
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
