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This legal guidance explains the remedies available when the State Public Services Tribunal dismisses a claim petition on the ground of limitation. It discusses the filing of a writ petition before the High Court, condonation of delay, and the circumstances in which the limitation period may be relaxed in service matters.
This article discusses the legal implications arising when an employee allegedly commits suicide after receiving a show-cause notice or disciplinary communication from the employer. It examines the circumstances in which criminal liability, including abetment of suicide under Section 306 IPC, may or may not arise against departmental authorities, and analyses the principles governing mens rea, workplace harassment, and disciplinary proceedings under Indian law.
The department has initiated an inquiry against me for being on leave without permission. I have submitted medical reports of my wife and all the relevant documents. But the disciplinary authority has found me guilty and terminated my service. Can the High Court re-appreciate all the evidence of departmental inquiry? Can the High Court quash the order of termination of my service? My wife was seriously ill so I went on leave to provide her good medical treatment. I was on leave for nine years without sanction of my leave application. Now my wife is fit and fine. I can join my service. During the leave the department has ceased my salary.
Can I join the service with all consequential benefits? My juniors have promoted to the post of senior section officer. So I think that the department should also promote me on that post. The departmental inquiry has not shown any mercy on the medical health of my wife. I did not take any salary for the period of leave. Due to the ill health of my wife I did not appear in the disciplinary authority but I sent all the medical records of my wife. The health of my wife was the first priority so I went on leave. I knew that the department would not sanction my leave hence I did not take permission.