Once long absence is regularised, no penal action: HC

The Madras High Court has held that once a long absence of an employee was considered and regularised by the competent authority, no penal action such as dismissal from service, shall be taken later.Justice S M Subramaniam gave a ruling to this effect while allowing a writ petition from C Jagdeesan, recently While working as head constable in the Economic Offences Wing in the City, Jagadeesan fell ill in May, 2009 and took a long leave of 976 days.

The Madras High Court has held that once a long absence of an employee was considered and regularised by the competent authority, no penal action such as dismissal from service, shall be taken later.

Justice S M Subramaniam gave a ruling to this effect while allowing a writ petition from C Jagdeesan, recently While working as head constable in the Economic Offences Wing in the City, Jagadeesan fell ill in May, 2009 and took a long leave of 976 days. He produced medical certificates for his leave then and there. And the competent authority had considered his plea and regularised the leave after adjusting the same with the medical leave and he rejoined duty. However, by an order passed in 2013, he was removed from service. Hence, the present petition to quash the dismissal order and reinstate him in service with back-wages.

The judge said that there was no doubt that he was absent for a lengthy period. In normal circumstances, such a long absence will not be condoned by the competent authorities. When the police personnel is a chronic absentee or habitual absentee, then serious actions are to be initiated. However, once the authority competent, accepted the reasons for absence, considered the same and regularised the period of medical leave, thereafter the mis-conduct if at all committed, became condoned and therefore, the action cannot be sustained. In other words, the disciplinary action is permissible only if the misconduct exists and once the alleged misconduct was considered based on the explanations or otherwise and the period of leave has already been regularised then initiation of disciplinary proceedings cannot be held valid.

In view of the facts and circumstances, the period of absence was regularised by the competent authority, the punishment of dismissal from service is untenable and consequently the order impugned passed by the SP in November, 2012 and the appellate authority in January 2013 are quashed, the judge said and ordered the reinstatement of the petitioner in service without back-wages but with continuity of service.

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