High Court Kerala High Court

Kabeer.P.S. vs The Offg Commandant on 30 October, 2009

Kerala High Court
Kabeer.P.S. vs The Offg Commandant on 30 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28761 of 2009(M)


1. KABEER.P.S., S/O.SAIDUL MOHAMMED,
                      ...  Petitioner

                        Vs



1. THE OFFG COMMANDANT
                       ...       Respondent

                For Petitioner  :SRI.BIJU M.JOHN

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :30/10/2009

 O R D E R
                   ANTONY DOMINIC, J.
                   ...........................................
                  W.P.(C).No.28761 OF 2009
                  .............................................
            Dated this the 2nd day of November, 2009

                         J U D G M E N T

Petitioner was working as a Constable under the

respondent. It is stated that while working as a Constable,

he took 15days leave from 6.6.2006 to 20.6.2006 and leave

was granted with a direction to report on expiry of leave to

BSF Transit Camp, Jammu. According to the petitioner, he

could not return and join duty since his brother was

undergoing treatment for mental disease. He also has a case

that he himself was undergoing Jaundice and was advised to

take rest for 16 days.

2. Though these are the justifications now offered,

petitioner does not have a case that he applied for extension

of the leave or produced medical records either of himself

or his brother. Finally he was issued Ext.P1 show cause

notice dated 10.1.2007 stating that it is proposed to remove

or dismiss him from service and he was called upon to show

cause against such proposal. He gave Ext.P2 reply stating

about his brother’s illness and his own illness. Ext.P3 is the

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W.P.(C).No.28761 OF 2009

medical certificate concerning his brother and Ext.P4 is the

medical certificate concerning himself. Insofar as Ext.P4

is concerned, the doctor has recommended absence from

duty for 60 days from 30.1.2007. Finally, by Ext.P5 dated

16.2.2007, petitioner was dismissed from service. It is

challenging this order, the writ petition is filed.

3. First of all, this writ petition is highly belated. No

explanation what so ever is forthcoming for the delay of

almost 3 years in challenging Ext.P4. That apart, admittedly

misconduct of unauthorised absence from duty has been

committed and if that be so, the petitioner was liable to

have been proceeded against. It was accordingly that

disciplinary proceedings were initiated and conclusion

thereof, if the disciplinary authority has imposed a

punishment of dismissal, this Court will not be justified in

taking a view that the misconduct was not a grave one

warranting such punishment.

I am not satisfied that the petitioner has not made

out a case for interference.

ANTONY DOMINIC, JUDGE.

cl

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