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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK
T. Srinivas Goud – Appellant
Versus
Government of Andhra Pradesh, Rep. by its Principal Secretary, Home Department – Respondent
| Table of Content |
|---|
| 1. challenge of disciplinary actions against the petitioner. (Para 1 , 3 , 4 , 6) |
| 2. arguments regarding petitioner's alleged misconduct. (Para 7 , 8) |
| 3. analysis of disciplinary proceedings and absence justification. (Para 9 , 10) |
| 4. unauthorized absence not always misconduct. (Para 11) |
| 5. writ petition allowed, punishment set aside. (Para 12) |
ORDER :
Pulla Karthik, J.
This Writ Petition (TR) is filed challenging the impugned punishment order passed by respondent No.4 vide proceedings No.A6/38/PR/2006 (D.O.No.1884/2007) dated 29.09.2007, and the rejection orders passed by respondent Nos.3 and 2 vide proceedings in R.O.No.57/2008 (Rc.No.13/A2/Appeal/NR-NZB/2008) and proceedings in R.O.No.12/ 2009 (Rc.No.7/7/D1/Revn-7/2009) respectively, dated 02.03.2008 and 30.01.2009, respectively, as illegal, arbitrary, unconstitutional, and violative of Articles 14, 16 and21 of the Constitution of India.
2. Heard Sri G. Venkata Krishanaiah, learned counsel appearing for the petitioner, and learned Government Pleader for Services (Home), appearing on behalf of the respondents.
3. Learned counsel for the petitioner submits that the petitioner was appointed as a Police Constable during Augus
Unauthorized absence does not imply misconduct if due to compelling medical circumstances; disciplinary action requires proof of willfulness.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Absence due to compelling circumstances cannot be deemed willful; disciplinary authorities must prove willfulness for misconduct.
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
The judgment emphasizes the limited scope of interference in the punishment order and the importance of considering willful absence and proportionality of punishment in disciplinary matters.
Unauthorized absence for a long period constitutes gross misconduct, and the principle of no work, no pay applies in cases of dismissal.
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