TMI Blog1989 (7) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... facts. Pyare Lal Sharma joined the company as Assistant Chemical Engineer on July 12, 1972. In 1974 he was sent to England as management trainee but he returned back without completing the training. Sharma's conflict with the company started in 1976 when he filed a suit against the company in Jammu Kashmir High Court with various reliefs including a direction that he be again sent to England on company's expense. The suit was dismissed and further appeal to the Division Bench was also dismissed. He then filed another suit in the Delhi High Court claiming ₹ 50 lakhs as damages from the company but the same did not proceed on technical grounds. Thereafter, it seems, Sharma started suspecting mala-fide in every action of the company and resorted to court proceedings even on slight pretext. He challenged the order of transfer from Baramulla to the headquarters by way of suit in the Jammu Kashmir High Court. Interim stay, initially granted, was vacated by the High Court. In December, 1979 he applied for leave on medical grounds without disclosing the ailment. He remained absent from December 7, 1979 to March 7, 1980 without any sanctioned leave. Disciplinary proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to say as under. On October 22, 1982 an enquiry officer was appointed to enquire into the charges against Sharma. He challenged the order of suspension by way of Civil Writ Petition 661 of 1982 in the Jammu Kashmir High Court. The High Court stayed the sus- pension by its order dated December 20, 1982. The order of suspension having been stayed by the High Court it was incumbent on Sharma to have joined duty. But inspite of company's letters asking him to do so he remained absent. Sharma filed Writ Petition 471/82, Writ Petition 129/83 and Letters Patent Appeal 24/83 for payment of his salary and allowances for various periods which were granted by the High Court. It is also on record that while in service Sharma unsuccessfully fought assembly elections on two occasions. He filed his nomination papers for contesting elections to the Lok Sabha from Baramulla constituency. But the nomination papers were rejected. Regulation 16.14 of Jammu Kashmir Industries Employees Service Rules and Regulations before amendment was as under: The service of the permanent employee shall be terminated by the company, if (a) his post is abolished or (b) he is declared on medic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be terminated. This notice was served to him under registered post but the same was received back in this office and later on delivered to him in person on 7.5.83 as per his request. Shri Sharma has failed to explain his position. It has now also been established that Shri Sharma was taking part in active politics during the period of his unauthorised absence and has filed nomination papers for contesting election from 1-Baramulla Parliamentary Constituency. Now that his unauthorised absence as well as his taking part in the active politics has been established, and in exercise of the powers vested in the management under Jammu Kashmir Industries Employees Services Regulations the services of said Shri Pyare Lal Sharma Chemical Engineer J K Industries Limited are hereby terminated. Sharma challenged the order of termination by way of Writ Petition No. 70 of 1984 before the Jammu Kashmir High Court. Learned Single Judge by his judgment dated October 16, 1984 allowed the writ petition on three grounds. The learned Judge found the impugned order violative of Rules of Natural Justice as no opportunity to show cause was afforded to Sharma in respect of the ground of tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der this regulation services of an employee may be terminated (a) if his post is abolished or (b) if he is declared on medical grounds to be unfit for further service or (c) he remains on unauthorised absence or (d) if he takes part in active politics. In the case of (a) and (b) three months notice to a permanent employee and one month notice to temporary employee or pay in lieu thereof is to be given. In case of (c) and (d) a show cause notice, to explain his conduct satisfactorily, is to be given. So far as grounds (a) and (b) are concerned there cannot be any objection. When a post is abolished or an employee is declared medically unfit for further service the termination is the obvious consequence. In the case of abolition of post the employee may be adjusted in some other post if legally permitted. Ground (c) has also a specific purpose. Remains on unauthorised absence means an employee who has no respect for discipline and absents himself repeatedly and without any justification or the one who remains absents for a sufficiently long period. The object and purport of the regulation is to maintain efficiency in the service of the company. The provision of show cause notice is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on unauthorised absence from duty, the only action which can be taken is the termination of his services. Similar is the case when an employee takes part in active politics. The finding in the termination order regarding taking part in active politics cannot be sustained because no notice in this respect was given to Sharma but the order of termination can be supported on the ground of remaining unauthorised absence from duty. This Court in State of Orissa v. Vidyabhushan Mohapatra, [1963] 1 Supp. SCR 648 and Railway Board v. Niranjan Singh, [1969] 1 SCR 548 has held that if the order can be supported on one ground for which the punishment can lawfully be imposed it is not for the courts to consider whether that ground alone would have weighed with the authority punishing the public servant. Thus there is no force in this argument. This takes us to the last point which we have discovered from the facts. Regulation 16.14 before amendment consisted of only clauses (a) and (b) relating to abolition of post and unfitness on medical ground. The company had no authority to terminate the services of an employee on the ground of unauthorised absence without holding disciplinary proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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