Seeking to quash the order of the 1st respondent bearing PC:PD:4165217 dated 15.05.2003 confirming the order of the 2nd respondent bearing PC: PD: 4165217 dated 09.01.2003 as illegal, arbitrary, in violation of principles of natural justice, perverse and contrary to law, the present Writ Petition has been filed.
2. The case of the petitioner is that he joined the respondent Corporation on 08.11.1985. While so, the petitioner was unauthorisedly absented himself from duty from 15.01.2002 till 15.04.2002 for 32 days continuously without prior permission of the Original Authority/2nd respondent. Since the petitioner unauthorisedly absented himself for the said period, the 2nd respondent issued a Charge Memo dated 15.4.2002. The petitioner sent an explanation on 05.06.2002 to the said charge memo. Thereafter, an Enquiry Officer was appointed. Based on the Enquiry Officer's Report, the 2nd respondent passed an order dated 09.01.2003 demoting the petitioner to the post of Charge Man and his basic pay is refixed at Rs.6000/- in the scale of Rs.6000-210-6630-EB-6780-230-10160 with immediate effect. Aggrieved by the same, the petitioner filed an appeal before the 1st respondent which was confirmed by the Appellate Authority on the ground that the petitioner did not get prior permission of the authorities and unauthorisedly absented himself for the above said period and he has not submitted himself before the Company's Medical Officer for availing medical leave as per the rules of the company. Hence, the present Writ Petition.
3. The learned Counsel for the petitioner would submit that the since the petitioner has undergone Ayurvedic Treatment for his illness, he could not attend the office during the period from 15.01.2002 till 15.04.2002 and the same has been established by the petitioner before the Enquiry Officer. However, not accepting the same, the Original Authority/2nd respondent as well as the Appellate Authority/1st respondent have arrived at a hasty conclusion demoting the petitioner to the post of Chargeman which is unsustainable in law. Hence, the present Writ Petition has to be allowed.
4. Per contra, the learned Counsel appearing for the respondents would draw my attention to the proceedings of the Enquiry Officer in which it has been stated as follows:
''E.O. c';fSila rhh;$; bknkhtpy; eP';fs; 15/03/2002 ,y; ,Ue;J 15/04/2002 tiu 32 ehl;fSf;F eP';f mDkjp ,d;wpa[k; kw;Wk; Unauthorised absence ,y; ,Ue;jjhf Twg;gl;Ls;sij Vw;Wf;bfhs;fpwP;h;fsh? my;yJ kWf;fpwPh;fsh?
Further, the learned Counsel would also submit that absence without leave or over-staying the sanctioned leave for more than four consecutive days without sufficient grounds or proper or satisfactory reasons and habitual late or irregular attendance are termed as misconduct as per of the Conduct, Discipline and Appeal Rules of the respondent Corporation. The learned Counsel for the respondents would also submit that the petitioner is a habitual absentee and earlier also, he was punished for committing the act of unauthorised absence. Hence, he would pray to dismiss the present Writ Petition.
5. I have considered the submissions made on either side and I have also carefully gone through materials available on records.
6. A perusal of the Enquiry Officer's Proceedings as well as the Conduct, Discipline and Appeal Rules of the Respondent Corporation would go to show that without getting prior permission, the petitioner absented himself for 32 days from 15.01.2002 till 15.04.2002 and he was not appeared before the Medical Board of the company for availing medical leave as per the rules of the company and for the first time, he has stated before the Enquiry Officer that he has undergone Ayurvedic treatment for his ill-health is not permissible. Further, it appears that the petitioner is a habitual absentee and he has previously punished for the same. In view of all the above, I do not find any infirmity in the impugned orders passed by the respondents.
7. In the result, the Writ Petition fails and the same is accordingly dismissed. No costs.
12.09.2017 tsi M.DHANDAPANI, J.
tsi To
1. The General Manager, Bharat Heavy Electricals Limited, BHEL Piping Centre, No.93, G.N.Chetty Road, Chennai-17.
2. Deputy General Manager (Ancillary Development), Bharat Heavy Electricals Limited rep. by its Disciplinary Authority, BHEL Piping Centre, No.93, G.N.Chetty Road, Chennai-17.
W.P.No.26879 of 2003 12.09.2017