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2018 DIGILAW 1955 (SC)

Hanuman Sahai v. State Of Rajasthan

2018-11-27

A.M.KHANWILKAR, HEMANT GUPTA, KURIAN JOSEPH

body2018
JUDGMENT Kurian, J. - Leave granted. 2. The appellant is before this Court aggrieved by the Judgment and Order dated 22 nd 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 16 th 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 4 th 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 regularized and for the impugned absence the delinquent had an explanation on ill health. 7. Accordingly, we set aside the Order dated 4 th 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 22 nd 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.