Service Law

Dismissal from service

— On ground of unauthorised absence from duty for a long time — Appellant remaining absent from his duty for about 5 1/2 months on ground of his illness — Ground of ailment taken by him as a ruse to avoid his transfer to another city — This fact proved by conduct of appellant — In this view, dismissal of appellant on the aforesaid ground alleging violation of the relevant service regulation, held, was proper — Hence upheld, (2006) 5 SCC 377-A

Service Law

Departmental enquiry

— Judicial review — Factual finding of disciplinary authority — Challenge to, before court — Grounds for — Scope of judicial interference — Held, any such finding is not assailable in courts unless breach of principles of natural justice or violation of any rules or any material irregularity on the face of record is alleged and shown — On facts, concurrent findings of authorities below including High Court were proper — Hence, not liable to be interfered with under Art. 136 of the Constitution, (2006) 5 SCC 377-B

Service Law

Dismissal from service

— Entitlement to PF and gratuity — Held, person dismissed from service is entitled to get only the provident fund but no gratuity, (2006) 5 SCC 377-C

Service Law

Dismissal from service

— Employee concerned sympathetically considered by Supreme Court to meet the ends of justice despite confirmation of his dismissal by it — Employee was dismissed about 7 1/2 years ago — He did not get any pay after his dismissal — His wife died of cancer — He crossed 58 years of age — Not possible for him to get a new job at this juncture — Considering the totality of all the peculiar facts and circumstances of the case, held, employer Bank would pay a sum of Rs 1,50,000 to the said employee, though the balance amount of his provident fund payable to him after deduction of the amount of loan taken by him from the employer was only Rs 75,930, (2006) 5 SCC 377-D