2013 LAB. I. C. 2273 ::2013 (3) All LJ 778 ::2013 (3) ALJ 778 ::(2013) 4 ADJ 329 (ALL) ::(2013) 4 All WC 3815 ::(2013) 2 ESC 1023 ::(2013) 6 ServLR 612

Allahabad High Court

Hon'ble Judge(s): Sudhir Agarwal , J

( A ) Constitution of India Art. 311 , 309 and Art. 226 — Civil Services (Classification, Control and Appeal) Rules (1930), R. 55 — U.P. Fundamental Rules, R. 67 — Misconduct — Unauthorised absence — Delinquent applied for leave on medical grounds but no decision taken thereon — His ground of absence, i.e. medical reasons, has not been found to be bogus or fictitious — It cannot be said that his absence was wholly unjust, unauthorized and travelled within realm of “misconduct” — Violation of rules of natural justice — Order of punishment quashed — Delinquent held entitled to costs of Rs. 10,000/-. (Paras50545657)