Mandeep Kumar Etc vs State Of Haryana And Anr. Etc
- SCC(1996) 1 SCC 292
- Neutral1995 INSC 676
- SCR[1995] Supp (4) SCR 729
Ratio decidendi
The rule this decision rests on
Where an employee's absences from duty, though constituting breaches of duty, are marginal in nature and duration, and prior similar absences have already been converted to casual leave, the employee may be given a fresh opportunity to improve performance rather than have services discharged, conditional upon no further absence without leave during a specified probationary period, with reinstatement excluding entitlement to arrears of salary.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
In view of the fact that absence from duty from 2nd to 5th November, 1990 for nine days was already converted to casual leave, the absence from 27th and 28th January, 1991 and from 5th to 7th May, 1991 was for one day 23 hours and 30 minutes, practically two days, and from 1st to 3rd February, 1992, practically two days, being marginal lapse, on the part of the appellant, we, in the fact and circumstances of the case, think that he may be given a fresh opportunity to improve his excellence in the performance of his duty. If the appellant absents himself from duty without leave even on a single occasion during next two years, his services may be discharged. On reinstatement, pursuant to this order, the appellant would not be eligible for payment of arrears of salary.
The appeal is allowed accordingly. No costs.
C.A. NO. 10218/95 (@ SLP (C) NO. 22617/94) Leave granted.
Appellant's absence from duty on 3rd March, 1991, for 1 day, 6 hours and 35 minutes, on 26th April, 1991, for 10 hours and 35 minutes, on 22nd May, 1991, for 16 hours being marginal lapse on his part, we, in the facts and circumstances of the case, think that he may be given a fresh opportunity to improve his excellence in the performance of the duty. If the appellant absents himself from duty without leave even on a single occasion during next two years, his services may be discharged. On reinstatement, pursuant to this order, the appellant would not be eligible for payment of arrears of salary.
The appeal is accordingly allowed. No costs.
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