SATYA NARAYAN SHAW Vs. COAL INDIA LTD

JUDGEMENT

(1.) THE petitioner before me was an employee of Eastern Coalfields Ltd., who worked as an underground loader. He was dismissed from his service on the ground of unauthorised absentism.

(2.) CLAUSE 26.29 of the Certified Standing Order of Eastern Coalfields Ltd. CECL) treats absence from duty beyond ten days without leave as misconduct, which can result in dismissal from service of an employee. CLAUSE 26 lays down the list of irregularities which would constitute misconduct, and includes, as per CLAUSE 26.29 "Absence from duty beyond 10 days without sanctioned leave or sufficient cause or overstaying beyond sanctioned leave without valid reasons."

(3.) FIRST, it is submitted that the manner in which the enquiry was conducted was fraught with irregularities. As regards the imposition of punishment, it is submitted that the punishment imposed was disproportionate vis-a-vis the offence alleged. The irregularities alleged in holding of the enquiry are these: