Considering an employee’s absence as ‘dies-non’ is a punitive measure that cannot be imposed without providing an opportunity for a hearing: J&K High Court
Case: Abdul Rahim Ganai V/s State of JK and others (SRTC)
Coram: Justice Sindhu Sharma
Case No.: SWP no. 1155/2009
Court Observation: “The order adverse to the employee for willfully remaining absent after expiry leave cannot be passed without initiated any disciplinary proceedings. The respondent is competent to direct the period of willful absence be treated as Dies Non but it would be as a measure of penalty and such order cannot be passed without holding enquiry and providing opportunity of hearing to the petitioner”
“There is no enquiry report on the record to show that the respondents have conducted an enquiry and provided any opportunity of hearing to the petitioner before rescinding the order dated 18.10.2008 or issued order dated 29.07.2009.This order has affected the petitioner harshly and the same has been done in an arbitrarily and unreasonable manner”
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Considering an employee’s absence as ‘dies-non’ is a punitive measure