Himmat Singh Rajpurohit Vs. State of Rajasthan and anr. - Court Judgment

Excerpt:
- - 5. however, the disciplinary authority was not satisfied with the explanation keeping in view that on both the occasions, the petitioner-appellant has availed very long leave on the alleged medical ground, when he was transferred from jalore to kota or from sirohi to bhilwara, which is on the other side (sic) of the rajasthan geography. thus, after remaining absent from duty at kota for about 16 months between march 4, 1987 to august 6, 1988, next long period of absence started on transfer from sirohi on july 12, 1990. this clearly suggests that afterremaining unauthorisedly absent he was successful in getting his posting at sirohi adjoining jalore and again when he was transferred from sirohi to bhilwara, a district near kota, the spell of absence without leave commenced perhaps to seek a posting of his choice once again. it gives rise to a reasonable inference that whole gamut of remaining absent for long period was to avoid postings at a place of dislike and secure a posting at the place of choice; 6. in these circumstances, the explanation furnished for his long absence without obtaining prior leave for such a long period without joining at place of posting on successive transfers to distant districts and continuing to keep way on two successive occasions with effect from the date of relieving the petitioner on transfer to a distant place, was not accepted by the enquiry officer as well as disciplinary authority.rajesh balia, j. 1. heard learned counsel for the parties.2. the petitioner-appellant was transferred, at the first instance, from jalore district to kota district, while he was serving in food and civil supplies department. notwithstanding, after relieving the petitioner-appellant from jalore from may 4, 1987, the petitioner-appellant did not report at kota until january 3, 1988 and after joining at kota on january 19, 1988, he took casual leave, but heremained absent from duty upto august 6, 1989 without obtaining leave. it appears after this long absence he was successful in getting himself posted at sirohi, a district adjoining jalore. however, again when he was transferred from sirohi to bhilwara, he did not join at new posting until may 31, 1991 and remained absent from duty at the place of new posting from july 13, 1990 to may 31, 1991 without obtaining leave. in these circumstances, the petitioner-appellant was served with the charge sheet dated july 9, 1991.3. availing of leave without prior permission and leaving the headquarters also without prior permission by the petitioner-appellant is not in dispute.4. the explanation furnished by the petitioner-appellant before the enquiry officer was that he was suddenly taken ill, which lasted for long duration and during his illness, he has sent telegrams and produced the medical certificates for covering the period after he resumed duty.5. however, the disciplinary authority was not satisfied with the explanation keeping in view that on both the occasions, the petitioner-appellant has availed very long leave on the alleged medical ground, when he was transferred from jalore to kota or from sirohi to bhilwara, which is on the other side (sic) of the rajasthan geography. whereas, the petitioner-appellant before his pre-transfer date, was serving on the adjoining districts of jalore and sirohi in the south-west rajasthan. the fact that while he remained at jalore and sirohi, he has no occasion to avail medical leave for such a chronic disease for any substantial long period and such necessity arose only on successive transfers appears to be more than mere co-incidence. it is worth noticing that while the petitioner was transferred from jalore to kota he remained absent for almost 8 months without joining and barely a fortnight after joining again absented from kota on the ruse of casual leave for almost 8 months once again. the second such long break has again happened after less than a year when he was relieved from sirohi. thus, after remaining absent from duty at kota for about 16 months between march 4, 1987 to august 6, 1988, next long period of absence started on transfer from sirohi on july 12, 1990. this clearly suggests that afterremaining unauthorisedly absent he was successful in getting his posting at sirohi adjoining jalore and again when he was transferred from sirohi to bhilwara, a district near kota, the spell of absence without leave commenced perhaps to seek a posting of his choice once again. it gives rise to a reasonable inference that whole gamut of remaining absent for long period was to avoid postings at a place of dislike and secure a posting at the place of choice; and in the first instance the gambit paid and the petitioner was able to secure his posting at sirohi from kota. this tactics in our opinion amounts to gross misconduct as an act of insubordination, and acting irresponsibly.6. in these circumstances, the explanation furnished for his long absence without obtaining prior leave for such a long period without joining at place of posting on successive transfers to distant districts and continuing to keep way on two successive occasions with effect from the date of relieving the petitioner on transfer to a distant place, was not accepted by the enquiry officer as well as disciplinary authority. thus, having found misconduct of remaining absent without leave and remaining wilfully absent from duty for such a long period proved, the disciplinary authority imposed punishment of stoppage of (sic) three grade increments with cumulative effect.7. the order of disciplinary authority was affirmed in appeal. on challenge before this court, the learned single judge was of the view that in the facts and circumstances of the case, the punishment imposed was too lenient and the disciplinary authority has shown indulgence to the petitioner-appellant in imposing lesser punishment.8. for the reasons stated above, we are of the opinion that the conclusion recorded by the learned single judge, is fully justified and therefore, the appeal fails and is hereby dismissed with costs.