Supreme Court in Union of India and Another vs. R.K. Sharma C.A. No. 4059/2015, while examining a question as to whether the punishment of dismissal from service to the employee on account of his absence from duty is proportionate, reasonable or not, observed that the employee remain absented on several occasions by applying leaves which were duly sanctioned by his superior on the faith that his superior had the power to approve his leave requests and therefore no misconduct can be attributed to the employee for the periods of such absence.
Also read: Dismissal without disciplinary inquiry is invalid: Gujarat HC
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