PRADIPCH MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Bhattacharjee, learned conusel for the petitioner and Ms. U. Baruah, learned standing counsel for ASTC.

(2.) The challenge herein is in respect of the order dated 16.6.2000 (Annexure-4) removing the petitioner from service under the Assam State Transport Corporation on the ground of unauthorized absence from duty on 3rd, 10th, 26th, 27th August, 1999,1st, 4th, 21st, 28th, 29th, and 30th September, 1999 and 5th and 7th October, 1999 (total 12 days).

(3.) The petitioner was served with a charge memo dated 25.10.99 levelling the charge of absentation without information or authorization for the period mentioned in the aforesaid show cause, as already recorded herein. The petitioner shows cause and while admitting that he was indeed absent from duty on the days mentioned, explanation were offered to why the petitioner was absent. The petitioner having admitted the unauthorized absence, the authority thought it fit to remove the petitioner from service by order dated 16.6.2000. Curiously by the same order the period of absence of the petitioner on the date/dates mentioned had been regularised by granting extra ordinary leave without pay.