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J. SREENIVAS RAO
D K Dhir – Appellant
Versus
Government of India – Respondent
JUDGMENT
J.SREENIVAS RAO,J. - The present Writ Petition is filed seeking writ of mandamus declaring the punishment imposed by the 3rd respondent vide proceedings No.15014/L&R/DKD/Min.03/HAP/2002-1320 dtd. 20/4/2002 withholding the increments for a period of one year with cumulative effect which was confirmed by the Appellate Authority in the Appeal vide order dtd. 16/9/2002 and also Revisional Authority vide order dtd. 29/5/2003 as illegal and arbitrary and consequently to set aside the same.
2. Heard Ms.K.Bhargavi, learned counsel representing Smt.K.Udaya Sree, learned counsel for the petitioner and Sri P.Sashidhar Reddy, learned Standing Counsel representing respondent No.1 to 3.
3. Learned counsel for the petitioner submitted that the petitioner joined the post of Sub-Inspector/Executive through due selection process on 14/9/1997 and he was posted to FACT (CD) Cochin, Kerala State and subsequently transferred to Hyderabad Air Port on 13/7/2001. On 28/8/2001, the petitioner while working in "B" shift received a telegram from his family at Cochin, that his son namely Abhijeet Kumar, aged about 11 months, fell sick and admitted in Hospital at Cochin and the petitioner was asked to c
Absence due to compelling circumstances cannot be deemed willful; disciplinary authorities must prove willfulness for misconduct.
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 absence from duty must be proven willful for it to amount to misconduct, and the penalty imposed must be commensurate with the gravity of the misconduct.
The main legal point established in the judgment is the justification of dismissal for grave misconduct, insubordination, and indiscipline due to unauthorized absence from duty for over two years, de....
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