LPA No. 963 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 963 of 2010 (O&M) Date of decision 10 .11.2010 Dr.Vikas Saxena ... Appellant Versus Union of India and others ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr.R.K.Malik, Sr. Advocate with Mr. Ashish Pannu ,Advocate for the appellant 1.To be referred to the Reporter or not ? 2.Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. The instant appeal filed under Clause X of the Letters Patent is directed against judgement dated 23.4.2009 rendered by the learned Single Judge. It has been held by the learned Single Judge that the appellant is guilty of charge of absence from duty without sanctioned leave for a period of 636 days without lawful reason to any communication and hence failed to maintain absolute devotion to duty. The findings have been accepted by the Punishing Authority. It is well settled that absence from duty is a mis- conduct which can constitute basis for inflicting punishment on the official. In that regard reliance may be placed on a Constitution Bench judgement of Hon'ble the Supreme Court rendered in the case of Jai Shankar v. State of Rajasthan AIR 1966 SC 492.The findings recorded by the Enquiry Officer which are accepted by the Punishing Authority are unexceptionable. During the course of arguments, learned counsel have not been able to point out LPA No. 963 of 2010 2 violation of any such rule which may warrant interference of this Court. The appeal is wholly without merit. Dismissed. (M.M.Kumar) Judge ( Ritu Bahri ) 10 .11.2010 Judge okg