Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Central Civil Services (Classification 1965 Rule 19(il) Control & Appeal) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Central Civil Services (Classification, Control & Appeal) Rules, 1965; Rule 19(ii): Application for earned leave with permission to go abroad submitted by employee, a Principal-Rejected by Sanctioning Authority-Employee did not report for duty for a long period-Disciplinary proceedings-Termination of services without holding regular enquiry-Correctness of-Held: Since no reasons recorded by the authorities for not holding the enquiry, the basic requirements for application of Rule 19(ii) not complied with-Hence, Order of the Courts below in quashing the order of the authority terminating the services of the employee, does not suffer from any infirmity. Respondent-employee, a Principal in the appellant-Organisation, " applied for sanction of earned leave with permission to go abroad. It was rejected by the sanctioning authority. However, the respondent did not report for duty for quite a long period. In the meantime, disciplinary proceedings against him was initiated by the authorities and he was declared absconding from duty and consequently his services were terminated by invoking Rule 19(ii) of the Central Civil Services (Classification, Control and appeal) Rules. Appeal against the order was dismissed by the Appellate Authorities. Respondent challenged the decision of the Authorities by filing a petition before the Central Administrative Tribunal (CAT). CAT quashed the order holding that since basic requirements of Rule 19(ii) of the Rules were not complied with, authorities were not justified in imposing penalty on the respondent. However, liberty was granted to the appellant-employer to initiate disciplinary proceedings from the stage of serving charge-sheet on the respondent and further directed them to reinstate the respondent in service with all consequential benefits including back wages. On appeal, the order was affirmed by the High Court. Hence the present appeal. It was contended by the appellant that the respondent by giving false addresses avoided to receive notices; that since the respondent was not responding to various notices, it clearly shows that he had abandoned the job; that even though leave was not granted he did not report on duty in spite of directions to do so, thus holding a detailed enquiry was not necessary; that back wages can not be treated as a natural consequence whenever an order of termination is set aside by the Courts; that without any pleadings or evidence direction for back wages could not have been given and that direction for payment of back wages should have been made conditional. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 26 |
Petitioner | Kendriya Vidyalaya Sangthan And Anr. |
Respondent | S.c. Sharma |
SCR | [2005] 1 S.C.R. 374 |
Judgement Date | 2005-01-11 |
Case Number | 271 |
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