The Supreme Court has ruled that an employee on unauthorised absence from duty for compelling reasons cannot be sacked as it cannot be construed as willful abstaining from duty.

A bench of justices G S Singhvi and S J Mukhopadhaya said that the question whether unauthorised absence from duty amounts to failure of devotion to duty or behaviour unbecoming of a government servant cannot be decided without deciding the question whether absence is willful or because of compelling circumstances.

The bench added, if the absence is the result of compelling circumstances under which it was not possible to report or perform duty, such absence cannot be held to be willful.

The bench passed the ruling while directing the reinstatement of a security assistant with the Intelligence Bureau working at Palanpur, Gujarat, who was sacked on December 2, 2003, on the charge of unauthorised absence.