SC upholds sacking of UP govt employee for unauthorized leave | delhi | Hindustan Times
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SC upholds sacking of UP govt employee for unauthorized leave

delhi Updated: Mar 12, 2011 00:17 IST

The Supreme Court on Friday upheld the dismissal of a Uttar Pradesh government employee for going on unauthorised leave.

A bench headed by Justice Aftab Alam refused to grant relief to the veterinary surgeon whose job was terminated by Uttar Pradesh government after he overstayed his leave by over a year and half and again went on unauthorised leave for four years.

"In those circumstances, the punishment of termination of service was a perfectly reasonable and fair punishment," the bench said

Surgeon J P Saraswat had gone to the USA and overstayed his leave for over a year and a half on the first occasion and on the second occasion, he went to the same country without even caring to obtain leave and remained there for over four years.

The court passed the order on an appeal filed by the Uttar Pradesh government challenging the Allahabad High Court's order which had sent aside the job termination of the doctor.

The apex court bench, after hearing arguments from the state government and the doctor, came to the conclusion that the High Court had erred in setting aside the termination order.

"We are completely unable to appreciate the manner in which the High Court proceeded in the matter and, in our view, the High Court grievously erred in assuming the role of the employer. Having come to the finding that the charges against the respondent were duly established, the High Court ought to have simply dismissed the writ petition," the bench said.

"The judgement and order of the High Court is set aside," the court said.