news details |
|
|
| Unauthorized absence does not warrant dismissal necessarily: HC | | | early times report
Jammu, May 25: The high court today directed the state to reinstate a constable who had remained un-authorizedly absent from his duties for two years. The order was issued by Justice Sunil Hali.
Constable Nilofar remained un-authorizedly absent from duty from February 28, 2006. She was recovered by the police from Nargota after two years and three months. She had married out of her caste and after having been found absent from duty, Senior Supt of Police Srinagar Vide order dated June 24, 2008 removed her from service with effect from the date of her unauthorized absent i.e. February 28, 2006. Feeling aggrieved of the said order an appeal in the matter was preferred by the petitioner which was dismissed by the higher authority vide its order dated November 12, 2008. The petitioner sought judicial intervention. Justice Sunil Hali while allowing the petition filed by Neha Bakshi appeared for the petitioner observed that counter had not been filed by the respondents. No body is present today on behalf of the respondents to defend this petition; order of dismissal has been passed by the respondents without holding an enquiry. Enquiry has been dispensed with, without indicating the reasons and grounds for the same. Absent from duty for a period of more than two years is misconduct and dismissal from service for such misconduct without holding an enquiry is violative of Article 14 of the constitution of India. Unauthorized absence from the duty does not warrant automatic dismissal from service. A detailed enquiry in the matter was required to be conducted by the department in this regard to ascertain the reasons for such absence and referred a judgment of Andhra Pradesh High Court titled Chief Engineer Central Zone Vijay Wada and Ors Vs K Naga Hema and allowed this petition and order dated June 24, 2008 and November 12, 2008 passed by the respondents was set-aside. The respondents are directed to reinstate the petitioner forthwith. Court, however, made clear that she will not be entitled to any salary for the period she has not worked. ----JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
