Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973)---------Rr. 4(1)(b)(iv), 5 & 6---Service Tribunals Act (LXX of 1973), S. 4--­Dismissal from service---Employee was dismissed from service after charge-sheeting him and holding ex parte inquiry against him on allegation of unauthorized and wilful absence from duty---Inquiry report had clearly shown that inquiry against employee was held in his absence and in ex parte manner and no witness was examined by Inquiry Officer---Despite said lacunas Authorities proceeded to dismiss employee from service which was against principles of law, justice and fair play as no major penalty or punishment could be awarded without holding an independent inquiry with proper opportunity of defence to accused employee---Authorities had not treated employee in humane manner much less in the legal manner---Employee and also his wife were admittedly craving for grant of leave from Authorities, but instead of deciding the leave applications, same were returned unceremoniously and without any decision which had shown that employee who .had rendered more than ten years service with Authorities was meted out manifestly harsh and unjust treatment---No other allegations, like lack of efficiency, negligence or lack of performance, were leveled against employee--­Only guilt of employee for suffering such harsh treatment, was stated to be his applications for leave, which was his right as employee who admittedly was having earned leave at his credit---Even otherwise, medical leave could not be refused to employee unless there were sound and valid grounds for rejecting same---Employee initially was granted casual leave for five clays and was refused extension despite his wife and child were sick for which Medical Certificates were filed by employee, but quite contrary to established norms of justice and fair play, Authorities proceeded to charge-sheet employee and through an ex parte inquiry, inflicted most harsh and cruel punishment of his dismissal from service---Order of dismissal from service was set aside and employee was. ordered to be re-instated in service with all consequential benefits, provided employee had not gainfully…

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