Habitual absence from work without leave is misconduct: HC

Justice J N Patel and Justice R P Sondurbaldota further observed,”in our opinion the reason for such misconduct is because it exhibits irresponsibility and lack of interest in work. It is writ large on the facts of the case that the petitioner is least interested in duty.”

The Bench referred to Rule 3 of Central Civil Services (Conduct) Rules,1964,which requires that a government servant must at all time maintain absolute integrity and devotion to duty.

“A person who is in the habit of remaining absent without prior sanction of leave and remains absent for a long period of more than 10 days without leave or intimation,is not somebody who is devoted to duty or maintains integrity. The petitioner’s conduct needs to be tested on this anvil,” the judges said.

The petitioner was charge-sheeted in 1997 for misconduct of absenteeism. An inquiry held him guilty and recommended his removal from service. He filed an appeal before an appellate authority but it was dismissed. A reference was made by the government to Industrial Tribunal which upheld the punishment.

Being aggrieved,the petitioner moved the High Court. The petitioner did not dispute that he was absent during the period stated in chargesheet. His counsel B P Jakhade submitted that the entire period during which the petitioner was absent from service had been validly explained by him and his absence from duty was regularised by the respondent company by sanctioning different types of leave.

She contended that the period of continuous absence between January 1995 and May 1996 had been regularised by sanctioning half pay leave of 30 days and the remaining as Earned Leave. The sanction was postfacto dated June 14,1996. The days of absence on other occasions were of either single day or a couple of days but not exceeding 10 days.

For these days,either Casual or PL leave was allowed. As regards the absence from August 1996 to December 1997,the petitioner said part of it was Earned Leave. The balance period was treated as “DiesNon” (period that is neither counted in service nor considered break in service) thereby regularising the same without payment as permitted under the Leave Rules.