JUDGMENT:

S.B. Sinha, J.-- Leave granted.

2. Respondent herein was appointed as a Technician (Mechanical) on 11.10.1989. He was placed on probation for a period of 12 months. During the period of probation, he was found to be absent for a period from 11.6.1990 to 27.6.1990. He was warned. A lenient view was taken. He was informed that recurrence of such act would be viewed seriously. Period of probation was extended as he was found to be irregular in attendance.

3. On 9.1.1991, he applied for leave on medical grounds. He failed to appear before the Chief Medical Officer of the petitioner despite having been asked in that behalf and as he failed to do so, his leave was not sanctioned. Despite the same, he sought another extension of leave upto 28.2.1991. He was asked to report immediately before the Chief Medical Officer. He was furthermore informed that failure to comply therewith would result in refusal of leave. He did not report to the Chief Medical Officer.

4. A charge sheet was issued to him for absence without leave for a period of 53 days, namely 28.12.1990 to 28.2.1991. His explanation to the said charge sheet was found to be unsatisfactory. He was found guilty of continuous unauthorized absence by the Enquiry Officer in his report dated 18.6.1991. Respondent was called upon to join his duties as he continued to remain absent without sanctioned leave from 2.7.1991 to 11.7.1991. He again remained absent from 13.8.1991 to 30.8.1991.

5. A departmental proceeding was again initiated against him and upon considering the enquiry report submitted in that behalf, yet again a lenient view was taken and a punishment of reduction of basic pay by one stage in terms of the Certified Standing Order was imposed by order dated 16.4.1992. Despite the same, he remained absent for a period of 99 days from April 1992 to September 1992. A disciplinary proceeding was initiated against him. He admitted the charges and promised to be regular in future. However, he was found guilty and a punishment of censure was imposed.

6. Yet again, on his remaining absent for the period of 20 days in April 1995 and from 1.5.1995 till the date of drawing of the charge-sheet, i.e. 30.5.1995, a disciplinary proceeding was initiated against him. He was asked to submit his explanation. The said charge sheet was served upon him on or about 9.6.1995.

7. In his show cause which was filed on 19.6.1995, the respondent stated:

"I have gone through the chargesheet dated 13.6.95 and understood the contents. It is true that I was absent to duties in the dates mentioned by you, however, I could not attend to duties during the above period due to the ill health of my mother who was in the village of Mukkillapadu, Nuzivedu Mandalam, Krishna District.

Sir, absenting from duties for these many days may be treated as a mistake on my part. I assure you through this letter that it will never be repeated again. I may be excused for this fault of mine and I may be given an opportunity."

8. A disciplinary proceeding was initiated, wherein again, he accepted his guilt whereupon the enquiry proceeding was closed stating :

"When asked whether he accepts or denied (sic) the charges as contained in the charge sheet No.WK/TPP/107613/95/2255 dated 5.6.1995, it is true that he has not attended duties during the period mentioned in the charge sheet i.e., thirty days in April 1995 and 30 days from 1.5.1995 to 30.5.1995 for the reasons mentioned in his explanation dated 19.6.95 submitted in reply to the above charge sheet. A photocopy of the above referred explanation has been produced by the CE in the enquiry. The same has been taken on record. The CW has stated that due to his mother's severe illness at his native place, he could not attend his duties as his presence was necessary there to attend his ailing mother. The CW further stated