New Delhi, Feb 16: An employee on unauthorised absence from duty for compelling reasons cannot be sacked as it cannot be construed as wilful abstaining from duty, the Supreme Court has ruled.
 "The question whether 'unauthorised absence from duty' amounts to failure of devotion to duty or behaviour unbecoming of a government servant cannot be decided without deciding the question whether absence is wilful or because of compelling circumstances.
 "If the absence is the result of compelling circumstances under which it was not possible to report or perform duty, such absence cannot be held to be wilful," the apex court said.
 A bench of justices G S Singhvi and S J Mukhopadhaya passed the ruling while directing the reinstatement of Krushnakant B Parmar, a security assistant with the Intelligence Bureau working at Palanpur, Gujarat, who was sacked on December 2, 2003, on the charge of unauthorised absence.
 "Absence from duty without any application or prior permission may amount to unauthorised absence but it does not always mean wilful.
 "There may be different eventualities due to which an employee may abstain from duty, including compelling circumstances beyond his control like illness, accident, hospitalisation, etc. But in such case the employee cannot be held guilty of failure of devotion to duty or behaviour unbecoming of a government servant," Justice Mukhopadhaya, writing the judgement, said.

Lastupdate on : Thu, 16 Feb 2012 21:30:00 Makkah time
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