Case Note & Summary
The petitioner, Sri C. Ramesh, was employed as an Engineer Grade II in the Research and Design Division of Hindustan Aeronautics Limited (HAL) in Bengaluru. He worked for about one year and six months before he proceeded on leave due to health issues. The petitioner submitted medical certificates for his absence, but the respondents initiated disciplinary proceedings against him for unauthorized absence. An ex parte inquiry was conducted, and the disciplinary authority passed an order of dismissal from service on 30.12.2016. The appellate authority affirmed the dismissal on 06.07.2017. The petitioner challenged these orders by way of a writ petition under Article 226 of the Constitution of India. The main legal issues were whether the ex parte inquiry violated principles of natural justice, whether the medical certificates were properly considered, and whether the punishment of dismissal was proportionate. The court found that the enquiry officer had not recorded reasons for proceeding ex parte and had not considered the medical certificates submitted by the petitioner. The court held that the disciplinary proceedings were vitiated due to procedural irregularities. The court also held that the punishment of dismissal was disproportionate to the misconduct of unauthorized absence, especially when the employee had medical reasons. The court quashed the orders of dismissal and directed the respondents to reinstate the petitioner with continuity of service but without back wages. The court also directed that the petitioner be treated as on leave for the period of absence and that the respondents may consider granting him medical leave or any other leave as per rules.
Headnote
A) Service Law - Disciplinary Proceedings - Ex Parte Inquiry - Principles of Natural Justice - The disciplinary authority conducted an ex parte inquiry without properly considering the medical certificates submitted by the employee and without recording reasons for proceeding ex parte. The court held that such inquiry is vitiated as it violates the principles of natural justice. (Paras 10-15) B) Service Law - Unauthorized Absence - Medical Leave - Burden of Proof - The employee had submitted medical certificates for his absence, but the enquiry officer did not consider them. The court held that the employer must consider medical certificates and cannot treat absence as unauthorized without proper examination. (Paras 16-20) C) Service Law - Punishment - Proportionality - Dismissal from service for unauthorized absence of about 1.5 years, where the employee had medical reasons, was held to be disproportionate. The court directed reinstatement with continuity of service but without back wages. (Paras 21-25)
Issue of Consideration
Whether the dismissal of the petitioner from service on grounds of unauthorized absence was vitiated by procedural irregularities and violation of principles of natural justice.
Final Decision
The court allowed the writ petition, quashed the orders of dismissal dated 30.12.2016 and 06.07.2017, and directed the respondents to reinstate the petitioner with continuity of service but without back wages. The petitioner shall be treated as on leave for the period of absence, and the respondents may consider granting him medical leave or any other leave as per rules.
Law Points
- Natural Justice
- Disciplinary Proceedings
- Ex Parte Inquiry
- Medical Leave
- Proportionality of Punishment
