S.R.Nayak, J. - (1.) This writ appeal is directed against the order of the learned single Judge dated 26.7.1995 made in W.P. No. 9882 of 1991. The appellant is the writ petitioner. The Divisional Manager, Life Insurance Corporation of India, Cuddapah, the 2nd respondent herein, who is the disciplinary authority, after holding departmental enquiry against the appellant/ petitioner on the proved misconduct, by his proceedings dated 21.1.1991, removed the appellant from service as a disciplinary measure. The reliefs sought within the department were also denied to him. Hence he filed the writ petition assailing the disciplinary action token against him by the 2nd respondent and the appellate authority. The relevant facts leading to the filing of the writ petition be noted briefly and they areas follows:
(2.) The appellant/petitioner was appointed as Office Assistant in the year 1963 in Life Insurance Corporation of India and subsequently promoted as Section Head in the year 1980. Thereafter he was promoted as Higher Grade Assistant in the year 1981 which post he was holding at the relevant point of time. The petitioner claims to be a member of World Wide Church of God. One of the essential religious doctrines of this religious sect, according to the petitioner, is that Saturday should be observed as 'SABBATH' day and the member of the sect should not work for livelihood on SABBATH day. The petitioner, being an ardent member of the above sect, was applying for leave on every Saturday since 1981. It appears that despite the Management telling him and warning him not to avail leave on Saturdays and such special treatment on religious grounds would not be extended to him by the Management, the petitioner went on availing leave on Saturdays continuously. Under those circumstances, the disciplinary authority issued a charge sheet dated 28.3.1984 alleging breach of Regulations 21, 30(1) of the Life Insurance Corporation of India (Staff) Regulations, 1960 (Staff Rules). It reads- "That you had been absenting yourself from your duties on Saturdays continuously since 13.11.1982 for religious purpose without having obtained the permission of the competent authority; That inspite of our letters dated 27.11.1982, 27.12.1982 and 28.1.1983, making it clear to you that it would not be possible for us to give special treatment to any employee in the name of religion and warning you that disciplinary action would be taken against you in case of recurrence, you continued to absent yourself from your duties on Saturdays, without having obtained the permission of the competent authority. That you absented yourself from duties despite refusal of sanction of leave on Saturdays viz., 11.6.83, 18.6.83, 25.6.83, 2.7.83, 9.7.83, 16.7.83, 23.7.83, 30.7.83, 6.8.83, 13.8.83, 20.8.83, 27.8.83, 3.9.83, 8.10.83,15.10.83,22.10.83,29.10.83,5.11.83, 19.11.83, 26.11.83, 10.12.83, 24.12.83, 31.12.83, 7.1.84, 21.1.84, 4.2.84, 18.2.84, 25.2.84, 3.3.84, 10.3.84 and 17.3.84. That by your above referred acts, you have committed breach of Regulations 21 and 30(1) of the Life Insurance Corporation of India (Staff Regulations), 1960 (Staff Rules) and acted in a manner highly prejudicial to good conduct for which any one or more of the penalties specified under Regulation 39 of the Life Insurance Corporation of India (Staff) Regulations, 1960 can be imposed upon you. You are hereby directed to state whether you admit that you are guilty of the charges mentioned above and, if not, you are directed to put in your written statement in support of your defence within fifteen days from the receipt hereof. In case your written statement as mentioned above is not received within the stipulated period, it will be construed that you have no explanation to offer and appropriate further action taken without any reference to you."
(3.) The appellant/petitioner submitted his reply to the charge sheet on 15.8.1984. It reads- "With reference to your charge-sheet dated 29.3.84, I humbly submit the following explanation for your sympathetic consideration. I have been serving the Corporation for more than 20 years and have been carrying out my duties in a responsible manner and doing justice to my" job. As the years advanced and as the spiritual thirst grew in me and as laid down in the scriptures, I have been availing the Saturdays for worship of God and not for any use. The religious observances gave me lot of zeal to work more and to be more obedient and disciplined than ever and I never allowed the work to suffer at any stage. My leave applications including C.Ls., were refused as per D.O. Letter dt. 5.5.83 and 6.7.83 and I was under the impression that the matter would have been receiving the attention of the higher authorities at zonal level and hoping that they may sanction leave as special case. In this connection, I submit that my absence was only for worship of God, and not for any use. I, however, regret very much for the violation of regulations 21 and 30(1) of L1C of India (Staff) Regulations and deeply apologise for the same and assure my obedience to those regulations in the matter of leave or otherwise. I wish to submit that my absence on Saturdays was only for worship of God. I request you to consider my case sympathetically in view of long and obedient service.";