SRI PARTHA SARATHI MITRA Vs. UNION OF INDIA AND OTHERS
LAWS(CAL)-1996-3-59
HIGH COURT OF CALCUTTA
Decided on March 28,1996

Sri Partha Sarathi Mitra Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents




JUDGEMENT

Satyabrata Sinha, J. - (1.)This appeal is directed against a judgment and order dated 19th Dec., 1991 passed by Monoranjan Mallick, J. in C.O. No. 7218(W) of 1982 whereby and whereunder the said learned Judge dismissed the writ application filed by the writ petitioner questioning the order dated 14th July, 1982 terminating his service in terms of the Standing Order No. 15(XI) of the Steel Authority of India Limited, Alloy Steels Plant.
(2.)The petitioner while working as Assistant, Roller Sheet Mill, Alloy Steel Plant, Durgapur, filed an application for leave on 6.6.1982 for the purpose of visiting Bangkok, Singapur and Qualalampur to the concerned authority. A no objection certificate was issued by the Assistant Manager. According to the petitioner as he did not get any reply or objection to the said leave application, he again submitted an application on 27.6.1982, inter alia, pointing out that he had not yet received any reply thereto and as the concerned authority failed to communicate the decision on the leave application dated 6.6.1982, he proceeded on leave and on 29.6.1982 he had sent a telegram intimating the authorities that he was proceeding abroad on 29.6.1982 and he would join his duty on 20.7.1982 but on his return he was not allowed to join the duty on the plea that his services have already been terminated by order dated 14th July, 1982. The petitioner, inter alia, contended in the writ application that even assuming that he was on unauthorised leave, his service could not have been terminated in the manner as has been sought to be done. It appears that the petitioner in his writ application, inter alia, had sought for a declaration that the purported order of termination as well as the Standing Order are ultra vires Articles 14 and 16 of the Constitution of India.
(3.)The respondent however in its affidavit-in-opposition, inter alia, stated that the petitioner was in the habit of frequently absenting himself from duties without prior sanction of leave. In the year 1979 out of 365 days he was present for 215 days, in the year 1980-165 days and in 1981-135 days.
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