Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3(!)(a),(b),5(4),10

Law: Service Tribunals Act, 1973

Section: 4

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----Ss. 3(1)(a), (b), 5(4) 10---Service Tribunals Act (LXX of 1973), S.4---Fundamental Rules, F.R.10-A---Removal from service---Appeal---Appellant was removed from service on the basis of unsatisfactory performance and being inefficient worker on the basis of leave of various kinds, already earlier granted to him and also on the basis of his absence from duty---Action of removal from service was taken against appellant mainly on the basis of his taking the leave frequently on medical, grounds and otherwise and also leaving the station of duty without prior permission---Leave was granted to appellant earlier six times, but he remained absent without prior approval of leave on two occasions---No action could be taken against appellant on the basis of leave earlier granted to him and so far as the leave for later two periods was concerned, it was sought on medical grounds---No inquiry was ordered into the circumstances of illness of appellant as claimed by him, which was a serious legal lacunea in the disciplinary proceedings against the appellant, inasmuch as in both show-cause notices, inquiry was not dispensed with and no reason was assigned for it---Imposition of major penalty upon the appellant, without dispensing with the inquiry in the show-cause notice and without holding the departmental inquiry into the circumstances leading to the absence of appellant, was not justified--Efficiency was related to the performance of work, but authorities had not brought on record anything to show the alleged unsatisfactory performance of appellant---Absence or leave was not related to the efficiency, which was quite evident from F.R. 10-A of Fundamental Rules---Authorities had not resorted to the provisions of F.R.10-A of Fundamental Rules for dispensing with the service of appellant on the ground of his alleged inefficiency or unfitness to further retain him in service---Charge of inefficiency against appellant, did not hold water, in circumstances---Appellant, however, left station without obtaining prior permission of concerned Authority, which had constituted misconduct especially when he failed…

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