You will have to challenge your removal from service in the appropriate court or tribunal (such as in the Central Administrative Tribunal, if you are a central government employee).
On the face of it, the punishment of removal for an absence for a month appears to be harsh and disproportionate even if it be presumed that your misconduct was proved.
I may point out that in somewhat similar circumstances (though not exactly the same circumstances), in the case of Ashok Kumar v. Union of India, (2009) 17 SCC 481, the Supreme Court has held that:
“…the punishment imposed is grossly disproportionate to the charge which was to the effect that the appellant had absented himself from duty for three days without leave. For the same, the punishment of termination of service was certainly not at all warranted. … Taking into consideration all the aspects which are available before us we set aside the impugned order of termination of service and in its place a punishment of censure to be entered in the service record be substituted.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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