STATE OF ODISHA Vs. SRI GOLAK CHANDA DHAL

JUDGEMENT

(1.) Challenge has been made to the order dated 11.05.2010 passed by the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter called the Tribunal) in O.A. No. 815(C) of 2005, wherein the learned Tribunal has ordered to regularize the period of unauthorized absence of opp. party No. 1.

(2.) The factual matrix leading to the case of the petitioner is that opp.party No. 1 was appointed as Junior Employment Officer vide order dated 21.07.1984. From 19.9.1993 to 23.9.1993 opp. party No. 1 remained absent unauthorizedly although he had filed a C.L. application for 21.9.1993 and 22.9.1993 to the District Employment Officer, Dhenkanal. But on 19.9.1993 he left the headquarters without submitting any C.L. application. Opp. party No. 1 also made a tour programme to visit the State Employment Exchange, Bhubaneswar from 22.9.1993 to 25.9.1993, but the tour programme was disallowed by petitioner No. 3. Inspite of the disallow of the tour programme opp. party No. 1 had left the headquarters by submitting C.L. application without being allowed to leave the headquarters. Thus, for the unauthorized absence and disobedience to the orders of the superiors, Disciplinary Proceeding was drawn-up against opp. party No. 1 and at the same time he was placed under suspension.

(3.) It is stated that in contemplation of the Disciplinary proceeding opp. party No. 1 was suspended by the superior authority. On 11.4.1994 Considering the representation of opp. party No. 1, opp. party No. 2 reinstated him in service. The Enquiring Officer after due enquiry submitted the report by finding opp. party No. 1 guilty of negligence in duty and suggested to warn him.