Tripura High Court validates dismissal of employee on account of unauthorized absence

The brief facts of the case involve petitioner vide W.P(C) No. 797 of 2023, challenging his dismissal from the service due to unauthorized absence for duty. It was contended by the petitioner that the termination was contrary to the eye of law and the natural justice principles were not followed, no proper opportunity was extended to the petitioner to enable him to explain his case. The respondents argued that the petitioner has been unauthorizedly absent for three consecutive times i.e. 13/07/2021 to 31/07/2024, 16/12/2021 to 25/04/2023and from 28/04/2023 to till date. He was issued a memorandum to which he submitted his explanation which was not proper, subsequently the matter was referred to the disciplinary committee and the disciplinary committee held that the petitioner had committed grave irregularities and needs to be removed from his service. Considering the arguments advanced from both the sides, the Tripura High Court observed that it is not so much to act judicially but to act fairly, namely the procedure adopted must be just, fair and reasonable in particular circumstance of the case. It was found that a show cause notice was given and the petitioner’s explanation was considered, additionally an opportunity of personal appearance was also given. Hence, the order of termination on account of absenteeism was found valid and the petition was dismissed.