Prolonged unauthorized absence from duty causes automatic resignation under applicable rules, warranting dismissal of a writ petition seeking reinstatement.

O R D E R:

The case of petitioner is that while working as Mandal Revenue Inspector at Chandrugonda, he was relieved from duty on 28-02-2008 on being posted to Gundala, however, due to ill-health and family issues, he could not join thereat, hence, vide Registered post dated 01-08-2009, he requested for fresh posting orders.

1.1 It is stated, Crime No. 31 of 2009 dated 06-02-2009 was registered against him on the complaint of his wife for the offences under Sections 498-A and 323 of the Indian Penal Code and the same ended in acquittal vide C.C.No. 66 of 2015 dated 16-07-2016. It is stated that the 3rd respondent issued order dated 25-09-2009 posting petitioner as Senior Assistant, Tahsil Office, Cherla, however, he was not in receipt of the same and due to pendency of criminal case, ill health and persisting family problems, he could not approach the authorities for posting orders. Thereafter, he is stated to have submitted joining report dated 25-02-2014 to the 3^rd Respondent on 02-07-2014 and requested for issuance of posting orders, but the 3rd Respondent issued Notice dated 23-07-2014 on the basis of complaint submitted by his wife. The 3rd Respondent issued notice dated 17-09-2014 to petitioner to show cause as to why action should not be taken against petitioner for prolonged absence as per F.R. 18-A read with related Government Orders including G.O. Ms. No. 11, dated 13-01-2004. The grievance of petitioner is that though he submitted joining report as early as on 02-07-2014 as is evident from the contents of the proceedings dated 23-07-2014 and 17-09-2014 of the 3^rd respondent, he was not permitted to join duty without any legal or valid justification.

1.2 The information obtained under the Right to Information Act on 27-12-2018 disclosed the fact that disciplinary proceedings were initiated against petitioner in respect of other allegations but not related to his absence and that show cause notice was sent by registered post in respect of alleged un-authorized absence. Even the information culled out from the documents provided under the Right to Information Act would make it evident that petitioner sought permission to join duty on 02-07-2014 and that he is neither under suspension nor removed from service. Therefore, he is entitled to join duty and this Court may be pleased to direct respondents to permit him join duty as Senior Assistant by issuing necessary posting orders.

1.3 According to petitioner, as per contents of G.O. Ms. No. 11 dated 13-01-2004, penalty of removal shall be imposed after following the procedure laid down in the TSCS (CC&A) Rules, 1991 but not otherwise. In this case, to his knowledge and belief, he is not visited with punishment of removal or any other punishment and disciplinary proceedings are not initiated against him for the alleged unauthorized absence.

1.4 The Government issued Instructions vide Circular Memo dated 25-12-1991 dealing with the issue of wilful and prolonged absence from duty without proper leave. The competent authorities have been specifically instructed to ensure the member of service is permitted to join duty immediately pending disciplinary action for unauthorized absence. Therefore, the action of the 3^rd respondent in not permitting petitioner to join duty is contrary to the above Instructions issued by the Government.

2. The 3^rd respondent District Collector, Bhadradri- Kothagudem states in the counter that though petitioner was transferred from the Tahsil Office, Chandrugonda and posted as Senior Assistant at Gundala vide P