ARUN KUMAR SHARMA Vs. GNCT OF DELHI

JUDGEMENT

(1.) PETITIONER Arun Kumar Sharma had joined service as an LDC in the year 1972 and by the year 2004 had rendered 32 years service, which was without any blemish. He had 300 days earned leave to his credit besides half pay leave for around 500 days. His mother-in- law not being well in Canada, he had desired to visit Canada and for which he filled up the necessary leave form on April 30, 2004 praying that earned leave be sanctioned to him from May 17, 2004 till September 16, 2004 to visit Canada.

(2.) HE claims that since application seeking leave was not rejected and because he had purchased the air ticket in anticipation of leave being granted, notwithstanding leave not being formally sanctioned he flew to Canada around midnight on May 17, 2004 and was shocked to receive an e-mail in Canada on June 11, 2004 intimating that leave was refused. He immediately requested to be voluntarily retired, a request which was declined. For unauthorized absence till March 21, 2005 he was charge-sheeted. Penalty of removal from service was inflicted which was turned down to one of compulsory retirement by the Appellate Authority leading Arun Kumar to file OA No.1759/2007 challenging the penalty imposed.

(3.) QUASHING the penalty Arun Kumar Sharma was reinstated in service but without back wages.