S.J.MUKHOPADHAYA, J. - (1.) THE petitioner who was in the services of M/s. Central Coalfields Ltd. was proceeded departmentally and punished, vide Order No. 6118 -37 dated 24th/27th March. 1995, issued by the Chief General Manager (P and A C). CCL. Darbhanga House. Ranchi. By the said order, his services were terminated w.e.f. 7th April. 1991. The appeal preferred against the order was also rejected by the appellate authority, vide impugned order No. 21176 -77 dated 11th December. 2000.
(2.) BOTH the aforesaid orders have been challenged by the petitioner in the present case. As the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one. It appears that the petitioner was absent from duty w.e.f. 7th April, 1991 to 3rd July. 1992 and when he was advised to appear before the medical board, absconded from the duty and appeared before the Medical Board on 23rd July. 1993 after a lapse of 1 -1/2 years. The aforesaid lapse on the part of the petitioner was construed serious misconduct under Clause 5.7 and 5.8 of the CDA Rules. 1978, which reads as follows: "7. Absence without leave or overstaying the sanctioned leave for more than four consecutive days without sufficient grounds, or proper or satisfactory explanation. 8. Habitual late attendance or habitual absence without taking prior permission for leave."
(3.) A departmental proceeding was initiated, wide Memorandum No. 24675 -77 dated 10th September. 1993. The absent from duty w.e.f. 7.4.1991. as referred above, was made one of the charge, apart from similar absence from duty as was earlier made between 16th November. 1985 to 10th August. 1986: 27th February. 1987 to 2nd March, 1987: 3rd March. 1987 to 23rd January. 1989. When he proceeded on leave for only four days.;