Prolonged unauthorised absence over five years justifies termination under service rules without full enquiry if multiple show cause notices provided opportunity to explain and defence found implausible, satisfying natural justice.

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