Case Note & Summary
The case involved an appeal by the West Bengal State Electricity Board against the termination of the respondent's service as a Junior Superintendent. The respondent was transferred in 1972 but did not join the new posting and remained absent without authorization from February 8, 1972, to March 19, 1975. Despite being promoted to Sub-Assistant Engineer, he failed to provide a release order from his previous posting and submitted multiple medical certificates for his absence. His service was ultimately terminated on December 18, 1976, under Regulation 33(1)(iii) of the West Bengal State Electricity Board Employees’ Service Regulations, 1965, which allows termination for continuous absence exceeding two years. The respondent contended that his termination violated Article 311 of the Constitution, arguing that he was not given a hearing. The court referenced the Constitution Bench judgment in Deokinandan Prasad vs. The State of Bihar, which discussed the application of Article 311 in cases of automatic termination due to absence. However, the court distinguished the present case from the precedents cited, noting that the absence duration in this case exceeded three years, thus justifying the termination under the specific regulation. The court ultimately upheld the validity of the termination order and set aside the previous orders of the High Court and appellate courts, allowing the appeals without costs.
Headnote
A) Employment Law - Termination of Service - Validity of Termination for Absence - West Bengal State Electricity Board Employees’ Service Regulations, 1965, Regulation 33(1)(iii) - The court examined the validity of the termination order based on the respondent's unauthorized absence exceeding two years, affirming the authority's decision to terminate under Regulation 33(1)(iii) as justified. Held that the absence for over three years warranted termination under the regulation (Paras 1-2).
Issue of Consideration
Whether the termination of the respondent's service was valid under Regulation 33(1)(iii) of the West Bengal State Electricity Board Employees’ Service Regulations, 1965.
Final Decision
The Supreme Court allowed the appeals, set aside the orders of the High Court and appellate courts, and upheld the validity of the termination order dated December 18, 1976, under Regulation 33(1)(iii) of the West Bengal State Electricity Board Employees’ Service Regulations, 1965.
Law Points
- Termination of service
- absence from duty
- Article 311
- Regulation 33(1)(iii)
- validity of regulations
