The Jammu & Kashmir High Court upholds employer’s decision of termination of an absconding employee

A CRPF constable i.e. the petitioner overstayed his sanctioned leave and did not return to duty. Following this, the CRPF started enquiry proceedings and sent multiple communications to the residential address of the petitioner. Even after repeated summons the petitioner failed to appear in the proceedings and an ex parte order was passed against him by the enquiry officer. The petitioner argued that his dismissal was in violation of natural justice principles. He claimed that all the communications including the order of dismissal were in Hindi language which he did not understand, and he overstayed due to psychological disturbances and chronic marital discord. The court opined that the principles of natural justice do not operate in vacuum. When the facts are admitted, the holding of fresh enquiry and allowing opportunity of hearing to delinquent employee would be an empty formality. Thus, from the material on record the petitioner had no justification for remaining unauthorizedly absent from duty. Thereafter, the court in SWP No. 181/2016 stated that an employer is not expected to launch a manhunt for absconding employee in the whole world, it would be enough for an employer to send communications at the residential address of the absconding employee.