5.I carefully considered the rival contentions and went through the materials on record. It must be noted at the very outset that the impugned orders came to be passed not for any act of misconduct on the part of the writ petitioner. The only allegation made against the writ petitioner is that he had unauthorizedly remained absent. It is well settled that an act of an employee will amount to misconduct only if there is a dishonest motive. The petitioner admittedly had met with an accident. The medical records produced before me clearly indicate that the impact was quite serious. The learned senior counsel would state that the petitioner went into depression and that is why he could not even respond to the notice issued by the authority. These being the facts, throwing out the petitioner from service though it may be styled as voluntarily vacating service is grossly disproportionate. In fact, the petitioner in his affidavit had clearly averred that whatsapp message was sent about his condition. The only mistake committed by the writ petitioner is that he did not submit a proper application. When the petitioner suffered an accident and was in a state of depression, merely because he did not submit a formal leave application, the same should not be put against him. In any event, the petitioner
