- (1.) The present appeal has been filed by the plaintiff who is aggrieved against the concurrent findings of the Courts below whereby his suit for declaration has been dismissed.
(2.) The plaintiff alleged that he was an employee of the defendantorganisation and had applied for leave w.e.f. 09.03.1993 and he was never informed that his leave was not sanctioned. Under the impression that his leave was duly sanctioned, he continued to send applications for extension of leave from time to time, and thereafter, reported on duty on 10.05.1993. He was, thereafter, informed that he was marked as unauthorized absent from duty from 09.03.1993 and he was advised by the defendant-Company that he should seek voluntary retirement or face departmental proceedings and under pressure, he submitted application dated 10.05.1993 seeking voluntary retirement but the same was not accepted and his name was struck off from the rolls of the organization on 14.05.1993. The striking of the name from the roll was challenged in the civil suit, the same being against the rules and principle of natural justice, equity and fair play as no charge sheet was issued, no enquiry was conducted, no show cause notice was issued and the impugned order was passed.
(3.) The defendant-Company in the written statement, took various preliminary objections regarding maintainability of the civil suit, cause of action, territorial jurisdiction, locus standi and plaintiff failing to avail departmental remedies. On merits, it was replied that the plaintiff had joined as Junior Operator and was promoted as Senior Operator w.e.f. 01.11.1987. He had abandoned his post from 09.03.1993 and did not join his duties in spite of a telegram being sent to him. It was alleged that the plaintiff was a habitual absentee and lost his interest in the job and the defendant was a registered company under the Company Act and was not a instrumentality of the State. It was alleged that the leave application of the plaintiff was declined on 14.05.1993 and when he had joined on 10.05.1993 and requested that voluntary retirement should be granted to him and on being told that it was not possible, he abandoned his job, and accordingly, the name of the plaintiff was struck off from the rolls. It is averred that no enquiry is to be conducted and no show cause notice is required to be served once a employee himself abandons his post as the order is not penal in nature and does not carry any stigma.;