Suresh Kumar Gautam vs Union Of India And Others
2025 Latest Caselaw 3556 Ori

Orissa High Court

Suresh Kumar Gautam vs Union Of India And Others on 3 February, 2025

Bench: Arindam Sinha, M. S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.A. No.2680 of 2024


            Suresh Kumar Gautam                        ....          Appellant
                                                      Represented by Adv.-
                                          Ms. Saswati Mohapatra, Advocate
                                       -versus-
            Union of India and others                ....       Respondents
                                                      Represented by Adv.-
                          Mr. P. K. Parhi, Deputy Solicitor General of India
                                         along with Mr. S. Samantray, CGC


                                 CORAM:
                  THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                          ACTING CHIEF JUSTICE
                                   AND
                    THE HON'BLE MR. JUSTICE M. S. SAHOO

                                        ORDER

Order No.                              03.02.2025
  01.       1.        Ms. Mohapatra, learned advocate appears on behalf of

appellant and submits, her client is aggrieved by judgment dated

31st July, 2024 of the learned single Judge. Her client was unwell.

There was requirement for him to report to the composite hospital

in Jharoda Kalan, New Delhi. He was discharging his duty in

Buland Shahar, Uttar Pradesh. There is no dispute that he was

unwell. He obtained treatment from the local Government hospital.

2. She relies on judgment of the Supreme Court in

Krushnakant B. Parmar v. Union of India, reported in (2012) 3

SCC 178, paragraph 18 (Manupatra print) reproduced below.

"18. Absence from duty without any application or prior permission may amount to unauthorised absence, but it does not always mean wilful. There may be different eventualities due to which an employee may abstain from duty, including compelling circumstances beyond his control like illness, accident, hospitalisation, etc., but in such case the employee cannot be held guilty of failure of devotion to duty or behaviour unbecoming of a government servant."

She submits, it cannot be said her client was 'willfully' absent from

duty. She seeks interference in appeal.

3. Mr. Parhi, learned advocate, Deputy Solicitor General appears

on behalf of Union of India and submits, he be heard on adjourned

date.

4. We record our prima facie appreciation that no purpose would

have been achieved by petitioner in availing opportunity to cross-

examine when his case was and is, he was unwell and therefore

could not report to the composite hospital.

5. List on 10th February, 2025.

(Arindam Sinha) Acting Chief Justice

(M. S. Sahoo) Judge M. Panda/A. Mishra

Signature Not Verified Digitally Signed Signed by:

MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Feb-2025 10:57:33