Unauthorised absence can't be a ground for sacking: Supreme Court
PRESS TRUST OF INDIA
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
Lastupdate on : Thu, 16 Feb 2012 18:30:00 GMT
Lastupdate on : Fri, 17 Feb 2012 00:00:00 IST
- MORE FROM NATIONAL
Srinagar, Feb 16: The Hurriyat Conference (G) chairman Syed Ali Shah Geelani on Thursday reiterated that the amalgam would not participate in bilateral talks until New Delhi accepted its five-point formula More
- Srinagar City
Mahurat time at Maharaj Gunj
GK CITY CORRESPONDENT
Srinagar, Feb 16: Volatile old City could be an epicenter of Azadi sentiment. But it equally seems to be hub of communal harmony. This is what came to fore Thursday when Valley’s head priest and senior More
3 month field training made compulsory
Jammu, Feb 16: Jammu and Kashmir Government for the first time has started field training programme for probationer Kashmir Administrative Service (KAS) officers on the pattern of Indian Administrative More
- South Asia