9911796707
TMI Blog2005 (1) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... regard, the employer can bring on record materials to rebut the claim. In the instant case, the respondent had neither pleaded nor placed any material in that regard. Since the present appeal arises from proceedings declaring the respondent as "Absconder" we make it clear that if the appellants are desirous of initiating any departmental proceedings in terms of CAT's order they can do so within two months, if not already done. The proceedings shall be completed within further period of three months i.e. within five months from today. The respondent is directed to cooperate and participate in the departmental proceedings. If he fails to do so it shall be at his own risk and peril. The entitlement of the service benefits, if any, for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... report back for duty till 2.7.1997. In the meanwhile, proceedings under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short, the Rules) were initiated against him and vide order dated 5.5.1999, he was declared as absconding from duty and his services were terminated by invoking Rule 19(ii) of the Rules. Appeal filed by him against the order of punishment was dismissed by appellant No. 2 vide order dated 14/19.6.2000. 5. Respondent challenged orders dated 5.5.1999 and 14/19.6.2000 before the CAT on the ground that no material was available with appellant No. 3 which could justify invoking of Rule 19(ii) and he could not have passed the order of dismissal from service without holding regular enquiry in acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... king Rule 19(ii) as the respondent did not respond to the notices issued and did not offer any explanation for his wilful absence from duty for a long period of more than two years. 9. High Court concurred with the views of the Tribunal that the disciplinary authority had not recorded reasons for dispensing with the enquiry and no material was produced to show that there existed reasons which justified dispensing with regular enquiry. The High Court further found that direction given for payment of back wages from date of dismissal was in order. It held that though the respondent-employee had not pleaded or produced any evidence that after dismissal from service, he was not gainfully employed, back wages can not be denied and it was not n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conclusion has to be recorded that it is not reasonably practicable to hold the inquiry proceedings. Such a finding does not appear to have been recorded. Therefore, the views expressed by the CAT as affirmed by the High Court does not suffer from any infirmity. 13. The residual question relates to direction for back wages. 14. In P.G.I. of Medical Education and Research, Chandigarh v. Raj Kumar this Court found fault with the High Court in setting aside the award of the Labour Court which restricted the back wages to 60% and directing payment of full back wages. It was observed thus: "The Labour Court being the final Court of facts came to a conclusion that payment of 60% wages would comply with the requirement of law. The finding o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceedings declaring the respondent as "Absconder" we make it clear that if the appellants are desirous of initiating any departmental proceedings in terms of CAT's order they can do so within two months, if not already done. The proceedings shall be completed within further period of three months i.e. within five months from today. The respondent is directed to cooperate and participate in the departmental proceedings. If he fails to do so it shall be at his own risk and peril. The entitlement of the service benefits, if any, for the period from the initial order of dismissal till final decision is taken will be decided in the departmental proceedings. We make it clear that we have not expressed any opinion on the merits of the case, and/or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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