SHAMBUSWAMY S/C MADIAH Vs. THE MANAGING DIRECTOR, K.U.W.S. AND S.B. JALABHAVANA, 6, 1ST STAGE B.T.M. LAYOUT, BANNERGHATTA MAIN ROAD BANGALORE - 29, THE ASSISTANT EXECUTIVE ENGINEER K.U.W.S. AND S.B. CHAMARAJANAGAR SUB-DIVISION CHAMARAJANAGAR - 5

JUDGEMENT

(1.) PETITIONER was working as Hamaal under the Respondents, The petitioner, from 23.04.1997 to 28.02.2001 bad remained unauthorised absence intermittently for about 662 days. The show -cause notice is issued. His petitioner submitted reply to the show -cause notice. An enquiry is initiated. In the enquiry, it is found that the change of unauthorised absence is held proved. The disciplinary authority dismissed the petitioner from service, The petitioner appealed to the Managing Director. The appeal was dismissed on the ground of delay. Hence, this writ petition. Annaxure - 'F' discloses the period of unauthorised absence from June 1997 to 28.02.2001, The number of days of attendance for each month is shown. The petitioner has been persistently absent for substantial periods in every month for the said period. It is the case of habitual absenteeism. In view of the ruling of the Supreme Court reported in L and T Komatsu Ltd. Vs. N. Udayakumar, (2008) 1 LLJ 849 SC , the order of dismissal for habitual absenteeism is sound and proper.