JADUROUTH Vs. STATE OF WEST BENGAL & OTHERS

JUDGEMENT

(1.) The petitioner was removed from service by the Disciplinary Authority viz. District Judge, Midanapore on the charge of remaining absent from duty without submitting any application for granting leave before the competent authority for the said period.

(2.) The departmental enquiry was conducted against the petitioner on the basis of the article of charges mentioned in the chargesheet issued to the petitioner by the disciplinary authority viz. The District Judge, Midnapore. The Enquiry Officer after conducting the enquiry submitted his enquiry report wherein the said Enquiry Officer specifically held that the charge against the petitioner has been proved. The Enquiry Officer found the petitioner guilty and ultimately passed an order of removal from service against the petitioner. The petitioner challenged the validity and/or legality of the said order on various grounds.

(3.) Admittedly, the petitioner remained absent from duty without obtaining prior permission from the authorities concerned. The Enquiry Officer after holding the enquiry found the petitioner guilty of the charges. I do not find any illegality and/or irregularity in the matter of conducting the disciplinary proceeding against the petitioner herein. But in respect of the punishment of removal, I am of the view that the same is too harsh since it has never been alleged by the respondent authorities that the petitioner is a habitual absentee and remained absent from duty without intimation frequently. It has also never been alleged that the petitioner absented himself from duty without any intimation or without submitting any application for grant of leave on any earlier occasion excepting the period in question as mentioned herein. Admittedly, no other allegation involving moral turpitude has been made by the respondent herein against the petitioner.