IMPORTANT POINT
The main legal point established in the judgment is that unauthorized absence from duties constitutes misconduct, and the disciplinary authority is empowered to impose punishment based on fair disciplinary proceedings and the period of absence.

JUDGMENT :

(Namavarapu Rajeshwar Rao, J.)

This Writ Appeal is filed aggrieved by the order passed by the learned Single Judge in W.P.No.26493 of 2019, dated 31.03.2023.

2. Heard Sri G. Vidya Sagar, learned Senior counsel, representing Sri R. Vinod Reddy, learned Standing Counsel appearing for the appellants and CH. Sujatha, learned counsel appearing for the respondent.

3. The brief facts of the case are as follows:-

i) The respondent herein joined the then Andhra Pradesh State Electricity Board as a Watchman on 08.10.1982, and was promoted to the post of a helper and further promoted to the post of Assistant Lineman on 17.08.1998. While so, the respondent was absent from duties from 01.08.2001. As he was continuously absent for more than one year, an enquiry was ordered vide Memo dated 14.11.2003. The Enquiry Officer after conducting enquiry, submitted his report holding that the charges are established. The Disciplinary Authority, vide order dated 20.08.2004 imposed punishment of deemed resignation from duties and ceased to be in the Board employment w.e.f. 01.08.2001 as per Regulation 28(3) of APSEB Service Regulations Part-I. Aggrieved by the same, the respondent preferred an Industrial Dispute vide I.D.No.48 of 2007, which was renumbered as I.D.No.117 of 2009 on the file of Labour Court-III, Hyderabad, and the same was dismissed vide Award dated 03.02.2010 by confirming the final orders passed by the Disciplinary Authority. The respondent challenged the Award in I.D. No.117 of 2009, by filing W.P.No.4049 of 2011 before this Court.

ii) During the pendency of the Writ Petition, the respondent filed an affidavit stating that he would forego the back wages. Recording the same, this Court, vide order dated 07.03.2017 in W.P.No.4049 of 2011, directed the appellants herein to treat the period of absence i.e. 23.08.2001 to 13.08.2003 as dies non and his entire service, except the period from 23.08.2001 to 13.08.2003, to be counted for pension, gratuity and notional increments, and if any junior is promoted, the competent authority shall assess the suitability of the respondent for promotion, including his eligibility for grant of retrospective promotion, and if found suitable, he shall be granted other consequential benefits arising out of such retrospective promotion. Aggrieved by the same, the appellants filed W.A.No.1056 of 2017.

iii) The Division Bench of this Court, duly recording that unauthorised absence breeds indiscipline and causes serious inconvenience and hardship to the organisation, set aside the part of the order of the learned Single Judge directing to reinstate the respondent with certain conditions. This Court further permitted the appellants to initiate fresh disciplinary proceedings de hors Regulation 28(3) of the Andhra Pradesh State Electricity Board Service Regulations (for short, ‘the Regulations’) and complete the same within three months from the date of receipt of a copy of the order. Pursuant to the same, the respondent was issued with a Memo dated 16.09.2017 and he submitted his explanation denying the charges. Thereafter, a departmental enquiry was conducted. Five witnesses were examined in support of the charges. The delinquent employee submitted his explanation to the charge sheet and no further points were added in his defence. The Enquiry Officer submitted his report on 10.11.2017, holding that the charge of absconding from duties unauthorizedly from 01.08.2001 onwards is in contravention of Regulation 4(xxiv)(a) of APSEB Employees Conduct Regulations, as adopted by the DISCOMs, is established and proved.

iv) Based on the said enquiry report a show cause notice, dated 02.02.2018, was issued proposing the punishment of ‘removal from service’, enclosing a copy of the enquiry report. The respondent was directed to submit his explanation within 15 days. He submitted his explanation on 19.02.2018. Thereafter, the Disciplinary Authority i.e. Divisional Engineer (Elec.) (Operations), Habsiguda, by an ord