Retrospective dismissal
Anas
(Querist) 09 February 2012
This query is : Resolved
Kindly inform me about any case law to sustain a proposition that an order of dismissal can even be back dated in case of unauthorised absence of a doctor for almost three years
Devajyoti Barman
(Expert) 09 February 2012
This is something which is against the very tenets of Rule of Law.
Anas
(Querist) 09 February 2012
But I am facing a case. the doctor was transferred from place A to place B. He took charge at place B but from next day proceeded on leave unauthorized for over three years. he was again transferred from place B to place C where he again repeated the same. after inquiry an order of dismissal was passed dismissing him from services from the date when he started to absent himself after joining at place B.
prabhakar singh
(Expert) 09 February 2012
What is retrospective in it??????
Anas
(Querist) 09 February 2012
retrospective is the fact like for e.g. dismissal order was passed on 1/1/2012 but his dismissal was enforced from 1,1,2009(example)
venkatesh Rao
(Expert) 09 February 2012
No, dismissal with retrospective effect can not be legally sustained. Such order shall be only prospective.
Raj Kumar Makkad
(Expert) 09 February 2012
F.No. C-14010/1/2010-Ad.V
Government of India
Department of Revenue
Central Board of Excise and Customs
(Ad. V Section)
New Delhi, the 7th January, 2011 has issued a clarification on the subject Departmental proceedings under CCS (CCA) Rules, 1965 - requirement of adherence to provisions of Rule 15 (2) of CCS(CCA) Rules, 1965 and other Rules and instructions – regarding, which is as under:
It is also advised that while considering the appropriate penalty to be imposed, due
regard would also need to be given to penalties imposed on co accused in the same case. Also, no retrospective effect is to be given to a penalty order.
Sudhir Kumar, Advocate
(Expert) 09 February 2012
No penalty order can operate from the date prior to issue. In this case the dismissal is from the date of absence it means even before chargesheet.
Can be cake walk for any lawyer.
Kirti Kar Tripathi
(Expert) 12 February 2012
It is not retrospective termination but is the abandonment of employment.
V R SHROFF
(Expert) 12 February 2012
Dear ANAS,
BEING A STUDENT:
AND YOUR QUERY IS ACADEMIC
YOU STATED "But I am facing a case. the doctor was transferred from place A to place B"
Guest
(Expert) 12 February 2012
I endorse views of S/Shri Raj Kumar Makkad and Sudhir Kumar. The authorities may be free to treat the absence as leave due, leave without pay or even dies-non, but dismissal cannot be made effective prior to the date of issue of dismissal orders.
