- (1.) The petitioner was an Assistant Controller (Grade-I) in the respondent National Thermal Power Corporation Ltd. (Corporation). He has questioned the order of termination dated 18.10.1999 passed by the respondent Corporation in exercise of powers under Rule 24.9 of the NTPC Service Rules applicable to the petitioner. The said Rule is as under: "24.9. Termination on account of unauthorized absence: An employee who remains unauthorizedly absent from duty or place of work either without sanction of any leave or after expiry of sanctioned leave, if any, and does not report for duty for any reason whatsoever within 90 (ninety) consecutive days from the date of his/her unauthorized absence, shall automatically lose lien on his/her post and he/she shall be deemed to have voluntarily abandoned and left the service of the Corporation, without notice. Provided, however, if the employee subsequently substantiates and accounts for his/her unauthorized absence from duty within 90(ninety) consecutive days from the date of the termination order to the entire satisfaction of the Management, the Management may regularize his/her period of unauthorized absence on such terms and conditions as it may deem fit and proper." Unauthorized absence is defined in Rule 2(s) as under - "2 (s) "Unauthorized Absence" means absence by an employee from his/her duty or place of work without authority either without sanction of any leave or after expiry of sanctioned leave, if any."
(2.) The petitioner has challenged the order of termination on two grounds. Firstly, it is contended that the Rule aforesaid is violative of Article 14 of the Constitution of India inasmuch as it empowers the respondent Corporation to terminate the service of an employee without giving any chargesheet or any opportunity of being heard and without holding any inquiry resulting in violation of principles of natural justice and secondly on the merits of the order of termination
(3.) Insofar as challenge to Rule 24.9 of the NTPC Service Rules is concerned, we need not to trouble ourselves for the simple reason that the validity of the said Rule came up for consideration before a Division Bench of this Court in W.P.(C) No.762/2011 titled Surendra Kumar Tiwari Vs. National Thermal Power Corporation Ltd. and after referring to various judgments of this Court as well as the Apex Court, the validity of said Rule was upheld in the judgment dated 1st June, 2012. In view of the said law, the issue of challenge to the said Rule is res integra. Accordingly, the challenge must be negatived.;