(Kurian Joseph, A.M. Khanwilkar and Hemant Gupta, JJ.)
Hanuman Sahai _____________________________________ Appellant
v.
State of Rajasthan and Others _______________________ Respondent(s)
Civil Appeal No. 11395 of 2018 [Arising out of SLP (Civil) No. 5154 of 2018], decided on November 27, 2018
The Judgement of the Court was delivered by
Kurian, J.:—
1. Leave granted.
2. The appellant is before this Court aggrieved by the Judgment and Order dated 22nd May, 2017 passed by the High Court of Rajasthan at Jaipur in D.B. Special Appeal (W) No. 222 of 2017.
3. The appellant has been dismissed from service on the ground of unauthorized absence.
4. When the matter came up for admission before this Court on 16th February, 2018, notice was issued limiting it to the quantum of punishment.
5. We have heard the learned counsel for the appellant and the learned counsel appearing on behalf of the State.
6. Having regard to the facts and circumstances of this case, we are of the view that the Order dated 4th May, 2010 passed by the Government of Rajasthan requires reconsideration regarding the quantum of punishment. It may be seen that the punishment was for unauthorized absence. All previous absence on justifiable grounds had been regularised and for the impugned absence the delinquent had an explanation on ill health.
7. Accordingly, we set aside the Order dated 4th May, 2010 of the Government and remit the matter to it to consider whether a lesser punishment can be imposed on the appellant, within a period of four months from the date of communication of this order.
8. We make it clear that the impugned order dated 22nd May, 2017 passed by the High Court of Judicature for Rajasthan shall not stand in the way of the Government passing fresh orders as above.
9. The appeal is disposed of accordingly.
Petition(s) for Special Leave to Appeal (C) No(s). 5154/2018
Hanuman Sahai ____________________________________ Petitioner
v.
The State of Rajasthan & Ors _____________________ Respondent(s)
(IA 18266/2018 – EXEMPTION FROM FILING O.T.)
Date : 27-11-2018 This matter was called on for hearing today.
(Before Kurian Joseph, A.M. Khanwilkar and Hemant Gupta, JJ.)
For Petitioner(s) Mr. R. Balasubramanium, Adv.
Mr. Sachin Sharma, AOR
Mr. Satyavrat Sharma, Adv.
For Respondent(s) Mr. Prashant Bhagwati, Adv.
Mr. Milind Kumar, AOR
UPON hearing the counsel the Court made the following
ORDER
10. Leave granted.
11. The Civil Appeal is disposed of in terms of the Signed Non-Reportable Judgment.
12. Pending application also stand disposed of.
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