DECISION This appeal has arisen in the following circumstances:-- The appellant was working as a Head Clerk in the Record Department of the respondent-Mill. He had remained absent from his duty for more than 10 days. A charge-sheet was therefore sent to him on 28-11-1991 as to why disciplinary action should not be taken against him. In reply to the same the appellant by his letter dated 9-12-1991 stated that he had been lying ill since 8-11-1991 and was under the treatment of one Dr. Sabir Hussain of Kotri. Inter alia he had added therein as follows:-- "Kindly grant me leave of absence from 10-11-1991 till 15-12-1991 while sufficient is available to me."
This did not satisfy the respondent and he was issued a letter of enquiry which was fixed for 7-12- 1991. As service could not be effected, hearing was adjourned to 15-12-1991. This time the letter was sent through TCS but the appellant is stated to have refused to accept the same. As he did not turn up on the due date the proceedings were ex parte and on the report of the Enquiry officer he came to be dismissed from service on 28-12-1991.
2. It was alleged by the appellant that his services had been terminated twice earlier but both the times he was reinstated in service. The respondents were however intent on throwing him out anyhow, because of his espousal of the workers cause. According to him, he had formed a union of which he claimed to be the General Secretary, about which issues had however been joined.
3. The appellant after sending the grievance notice had filed a petition which came to be dismissed resulting in this appeal.
4. It is not necessary to the circumstances of the case to dilate on the motivation, impelling the respondent to dispose with the appellant's service. The short question involved in this appeal is whether the appellant had remained absent from his work without leave for a period of over 10 days.
5. The answer to the same is to be found in the very reply to the charge---sheet which clearly indicates that he had not even cared to send any application for the grant of leave, though the record shows that the appellant's hotel is situated in close proximity to the mill. Even the Medical Certificate which was sent alongwith the reply does not show any serious illness. The doctor had advised him rest from 8-11-1989 to 15-12-1991. It is anybody's guess whether he would have cared to even write the time he did, if he had not the charge---sheet to reply to. Such an attitude is incompatible with the obligation of an employee.
6. The evidence of Khalid Zaman the Factory Manager shows that the letter of enquiry had been sent by registered post but the same had returned un-served. The respondent had taken care to despatch the following letter through TCS. They have produced the necessary Postal Receipts and further examined Sibtain Raza who is Area Manager of TCS at Hyderabad. He stated that the same was served on 11-12-1991.
7. The Enquiry Officer had examined three person including the Time Keeper and the Record Clerk, who had vouched for the absence of the appellant during the relevant period. That is also not disputed by the appellant. There can be no gainsaying the fact that it is a case of misconduct as to be found under section 15(3)(e) stands clearly made out against him.
8. Under the circumstances the appeal is devoid of any merit and stands dismissed.