Sangeeta Chandra, J. - (1.) Heard the learned counsel for the petitioner Mr. B.N. Singh, and Sri Ganesh Datt Mishra, appearing for respondent Nos. 2 and 3.
(2.) The petitioner was a Manager Grade-III (FO) under the Pradeshik Dairy PCDF Ltd. i.e. Pradeshik Cooperative Dairy Federation Ltd. , Mathura . He was transferred form Parag Dairy Noida to Dugdha Utpadak Sahkari Sangh Limited Mathura (hereinafter referred to as DUSS) Mathura by transfer order dated 13.04.2012. He joined at DUSS Mathura on 16.04.2012 and submitted an application for leave on 18.04.2012. He had applied for leave with effect from 23.04.2012 to 28.04.2012. However, on the date when he was supposed to return from leave i.e. on 29.04.2012 he suffered a severe sprain in his Ankle for which was being treated at BHU. The petitioner moved an application for extension of leave on 30.04.2012. However, without approving his application for extension of leave, the petitioner was issued two notices to join duty and to show cause as to why why disciplinary proceeding be not taken against him for remaining on leave without cause. Thereafter, disciplinary inquiry was initiated by the Chairman, Administrative Committee on 13.08.2012 appointing the Manager Grade - II (Production) as Enquiry Officer. Charge sheet was issued on 22.08.2012.
(3.) The charges against the petitioner as enumerated in the charge-sheet were regarding unauthorized absence and negligence in the performance of duty and absence of due diligence and conduct unbecoming of an officer in not following directions of a superior officers and continuing to remain on leave despite two notices being issued to him to rejoin his duty. Documentary evidence that was proposed to be relied upon was leave application of the petitioner dated 18.04. 2012 and 30.04.2012 as also two notices namely letter No. 1603 dated 14.06.2012 and letter No. 2114 dated 4.7.2012 issued to him to join his duty again.;