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2026 Supreme(Online)(CAT) 3025
CENTRAL ADMINISTRATIVE TRIBUNAL
Sanjeev Gupta, Judicial Member, Pragya Sahay Saksena, Administrative Member
Ravi Kumar Sharma – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
Original Application No. 731 of 2022
Important Points
Subject
Service Law - Termination of Service
Act Referred
J&K CSR Volume 1 of 1956: Art.128, Art.113
J&K Civil Services Regulations Vol.-I, 1956: Art.113, Art.128
Headnote
(B) Principles of natural justice - Not rigid formulae but vary per facts - Mere opportunity of hearing suffices where charge communicated, defence opportunity given, and employer acts fairly - Distinguished from cases lacking any prior notice or opportunity. (Paras 10, 15)
Facts of the case:
Employee promoted to in-charge Assistant Accounts Officer posted at remote division - Took five days’ leave but overstayed unauthorisedly from 11.09.2016 for over five years citing mother’s ailment, deteriorating circumstances, and pandemic - Multiple notices to resume duty ignored except final notice where 15 days’ further time sought - Services terminated vide order dated 30.06.2022 w.e.f. 11.09.2016 - Application filed challenging termination as violative of natural justice and lacking enquiry.
Findings of Court:
All requirements of natural justice fulfilled - Notices provided opportunity to explain unauthorised absence - Reply inadequate to justify prolonged absence - No need for formal enquiry given implausible defence and service rules invoked.
Issues: Whether formal enquiry mandatory before termination under Articles 113/128 for prolonged unauthorised absence; whether principles of natural justice complied with absent full enquiry.
Ratio Decidendi: Prolonged unauthorised absence after notices and unsatisfactory reply justifies termination without full enquiry under service rules - Natural justice satisfied by show cause opportunities where defence lacks plausibility, distinguishing automatic presumption cases.
Result: Original Application dismissed.
For the Appellants/Petitioners: Mr. Ajay Abrol
For the Respondents: Mr. Rajesh Thappa
| Table of Content |
|---|
| 1. applicant's career progression and unauthorized absence leading to termination. (Para 1 , 2 , 3) |
| 2. respondents' version: prolonged unauthorized absence justifies termination under csr articles 113, 128. (Para 4) |
| 3. applicant's argument: termination illegal without enquiry and natural justice. (Para 5) |
| 4. respondents' rebuttal: long unauthorized absence implies abandonment, no enquiry needed. (Para 6) |
| 5. issue framed: whether formal enquiry and natural justice followed. (Para 7 , 8 , 9) |
| 6. distinguishing kh. mushtaq ahmad: no opportunity given there versus notices here. (Para 10 , 11 , 12) |
| 7. applicant's explanations inadequate; initial leave unauthorized, no prior intimation. (Para 13 , 14) |
| 8. natural justice satisfied via notices; termination lawful without formal enquiry. (Para 15 , 16 , 17) |
| 9. application dismissed; termination order upheld. (Para 18 , 19) |
ORDER
(Per: Mrs. Pragya Sahay Saksena, Administrative Member)
An application under Section 19 of the Administrative Tribunals Act, 1985 has been filed by the applicant. The brief facts of the case are that the applicant was appointed as Accounts Assistant in the year 2002 in Accounts and Treasury Department. He was promoted as Accountant in the year 2010 after clearing the ACC Examination conducted by the J&K Public Service Commission. He was promoted as I/C Assistant Accounts Officer in the year 2014 and posted in the office of Executive Engineer PMGSY Division II, Thathri Doda. Since then, he has been serving in the office of Chief Accounts Officer (Migrant Cell) Jammu. He was relieved from the office of Chief Accounts Officer (Migrant Cell) Jammu only on 08.07.2016 and joined the office of Executive Engineer PMGSY, Doda on 09.07.2016. While serving there, he applied for leave on account of serious ailment of his mother and he also applied for extension of the leave. It is further averred in the O.A. that respondents on account of overstay by the applicant, issued a notice to the applicant dated 31.12.2021 wherein his unauthorised absence from duty was mentioned. It is averred that this notice was not served upon the applicant, though the Department claims that the same was served through speed post on the address available with the Department. The respondents vide notice dated 08.04.2022 gave a last opportunity to the applicant to explain his position and also to show cause as to why action as warranted in terms of Article 128 of J&K CSR Volume 1 of 1956 be not initiated against him for his unauthorised absence.
2. It is further averred that the applicant submitted his reply along with the record of his ailing mother, wherein he sought 15 days’ time on humanitarian ground to join back his duties. After the reply was submitted, the applicant submitted his joining report with the Director General, Accounts and Treasury (Respondent no. 2) on 05.05.2022 with a request to allow the applicant to join for further duty. Instead of permitting the applicant to join back, the respondent no. 1 issued GO No. 171-F of 2022 dated 30.06.2022, whereby the services of the applicant were terminated in terms of Articles 113 and 128 of J&K CSR Volume 1, 1956.
3. Being aggrieved, the applicant approached this Tribunal seeking the following reliefs:-
(i) To quash and set aside order impugned bearing No. 171-F of 2022 dated 30.06.2022 issued by the respondent no. 1 whereby the services of the applicant as I/C Assistant Accounts Officer have been terminated, without adopting due course of Law and without affording an opportunity of being head to the applicant.
(ii) To pass any other order or direction which this Tribunal may deems fit in the present set of circumstances.
4. In the written objections, the respondents have submitted that the applicant joined the office of Executive Engineer, PMGSY, Division II (Thathri), Doda on 09.07.2016 and attended his duties there from 09.07.2016 to 10.09.2016. He suddenly left the station, unauthorisedly, without permission w.e.f. 11.09.2016 for more t
