Excelsior Correspondent
Srinagar, Aug 16: High Court today directed the Government to allow an employee of the Education Department to resume her duty, saying that unauthorized absence after availing leave cannot be determined as a case of abandonment of services.
Justice Hasnain Masoodi also asked the Government to enquire her unauthorized absence as per rules.
“A civil servant shall not be dismissed or removed or reduced in rank except after an enquiry be conducted against him, and reasonable opportunity of being heard in respect of charges levelled against him,” the court said.
The court was hearing a case in which an employee of the Education Department was placed on suspension in 2004 for being absent from her duty. However, her absence was treated as leave by the Director School Education and the concerned official at the Government Higher Secondary School, Nuner, Ganderbal, didn’t permit her to rejoin.
The court said that the authorities were satisfied with the ground projected by her for her absence as ill health and medical advice to avoid travelling.
The court said that as per JK Civil Service rules, her absence from services would cover under Article 128 of CSR, adding there is a provision for inquiry in implicit in CSR rules in the event a Government employee remains absent without leave or after a leave duly granted to him came to an end.
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