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2025 Supreme(Online)(CAT) 12970

CENTRAL ADMINISTRATIVE TRIBUNAL
M.S. LATIF, PRASANT KUMAR, JJ
Dil Mohammad Dar – Appellant
Versus
State of J&K through Commissioner Secretary to Govt., Home Department – Respondent


Advocates:
For the Appellant: Mr. S.R. Hussain
For the Respondents: Mr.RaisUd Din Ganaie

Table of Content
1. petitioner's absence was due to hospitalization confirmed by medical certificate. (Para 1 , 3 , 4)
2. court reviews inquiry process and finds it fair and proper, with established unauthorized absence. (Para 6 , 10)
3. 'no work no pay' principle applied; absence characterized as unauthorized. (Para 9 , 12)
4. the ta is dismissed, affirming the previous findings. (Para 11)

ORDER

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

Through the medium of instant TA, the petitioner seeks following reliefs:-

“(i) The order impugned bearing No.65 of 2010, dated 30.06.2010 issued by the respondent No.4 be quashed and set aside to the extent of the operative portion contained in para No.4 of the order which is reproduced herein below:-

“….Therefore, agreeing with the recommendations of enquiry officer, it is hereby ordered that the period of absence w.e.f. 16.01.2004 to 05.08.2004 in respect of the official is treated as “Diesnon” and the subjudice period w.e.f. 26.04.2004 to 16.02.2008 (42 months and 9 days) is treated as extra ordinary leave in response to IGP Crime Hqrs. Order No.38 of 2010….”

(ii) The respondents be commanded to treat the period of alleged absence w.e.f. 16.01.2004 to

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