Saturday, October 5, 2024

7. Unauthorized absence, habitual indebtedness, Casual leave applied, not refused can be treated as absence

31. Any charge relating to unauthorized absence does not involve misconduct.

(1989) 11 ATC 340 Jabalpur.


32. Absence once regularized by leave cannot be rescinded and punishment awarded. Karamchand  X UOI 1992 (2) ATJ 401 Principal Bench.


33. When casual leave applied, not refused and communicated to applicant, charge of unauthorized absence not sustainable.

T.Subbarao XUOI (1992) 19 ATC 3 Hyderabad. 1992 (1) ATJ 440 Hyd.

 

34. Action cannot be taken for habitual indebtedness unless it is as a result of undesirable and extravagant habits.

C.Harinarayan X UOI 1989(4) SLJ CAT 733 Madras.

 

35. Unconscionable (Unscrupulous, unprincipled) options cannot be binding.

1992 (2) SLJ 202 SC.

This means, forced confession (promising help) without going into the merit of the case is illegal.


 Your's Kayveeyes



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