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TMI Blog1965 (12) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Transport Corporation, Gujarat, hereinafter referred to as the Corporation. At the material time he was employed as a Writer in the Visnagar Depot of the Corporation in Mahasana District. On January 15, 1962, the appellant applied to the Divisional Controller, State Transport, Mahasana, for leave for 15 days on the ground that he had to attend to his 'personal work'. On January 16, 1962, he was transferred from Visnagar to Ambaji where there was a vacancy in the office of the Depot Manager. On January 31, 1962, a formal order transferring the appellant from Visnagar to Ambaji was passed, and he was directed to join duty at Ambaji. 3. On that date, the appellant applied for extension of leave on medical grounds but his request ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... formed under the provisions of the Road Transport Corporations Act, 1950. It is not disputed that the appellant could not invoke the provisions of Art. 311 of the Constitution. 7. The short question for determination in the appeal is whether the appellant was entitled to an opportunity to show cause against the proposed punishment as required by regulation No. 61 of the Regulations which govern the service conditions of the employees of the Corporation. It is admitted that no charge was framed against him nor was he given an opportunity to show cause. 8. It is contended for the respondent that though the order of termination referred to long absence as the cause of termination, the termination itself was not by way of punishment and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b). A person against whom action is proposed to be taken for any act of misconduct, shall be provided with a copy of the charge or charges as well as a statement of allegations that have been made against him, and over which enquiry is being held. 11. Clause 3 defines two classes of offences named acts of misconduct and minor lapses and delinquencies, respectively and sub-clause(ii) of clause 3 states inter alia that the misconducts are those specified in Schedule A. 12. Regulations 38 and 40 provide that irregular attendance, absence without leave and without reasonable cause and failure, without sufficient cause, to report, when directed, for duty amount to acts of misconduct. Clause 4 (b) is specific and clear. Under that claus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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