LAWS(J&K)-1998-4-31

ASHOK KUMAR Vs. UNION OF INDIA

Decided On April 30, 1998
ASHOK KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petition admitted. With the consent of parties taken up for final dsposal.

(2.) The petitioner, Ashok Kumar who was working as Mail Overseer, Sub-Division Inspector Reasi, was proceeded against departmentally. A finding has been recorded that he absented from duty with effect from 12th of November, 1993 without any information and without obtaining the permission of the Competent Authority. On 9th of December 1993, he was asked to resume duties. He failed to do so. As the petitioner remained absent from duty in an unauthorised manner without sanction of leave and also left the station without permission his period of absence with effect from 12th of November 1993 to 25th of May 1994 was treated as dies-non without forfeiting his past service and pensionary benefits.

(3.) The learned counsel for the petitioner submits that too strict a view has been taken in the matter of imposing punishment. He submits that the absence for a short period of about six months was duly explained. It is accordingly submitted that punishment of compulsory retirement is too harsh and this aspect of the matter requires to be looked into. He is placing reliance on AIR 1994 SC 215 and AIR 1996 SC 277 and some other decisions of the Supreme Court. He accordingly submits that the matter requires to be looked into afresh.