The onus of establishing an employee’s ‘Wilful’ absence from work is on the disciplinarian, according to the Allahabad High Court
Title: Dr. S.C. Asthana vs. State Of U.P. Through Principal Secy. Medi.And Hel. And Another
Dated: 14th July, 2023
WRIT – A No. – 2000264 of 2000
CORAM: Hon’ble Irshad Ali,J.
Introduction.
According to the Allahabad High Court, it is the disciplinary authority’s responsibility to show that an unauthorised absence was “wilful” in departmental proceedings. Unauthorised absence does not constitute misconduct in the absence of such a determination.
Analysis.
The comment was made by the court as it was considering the appeal of a Medical Officer who was being disciplined for allegedly skipping work while on an overseas assignment in Nigeria.
The Court noted that because the petitioner’s overseas assignment term had been legalised on the one hand, and censure admission had been granted to him as a result of the disciplinary action on the other, the State had committed a legal error in doing so.
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Written by- Varada Hawaldar