IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 13305 of 2001(H)
1. A.H.GOVINDAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :16/10/2006
O R D E R
KURIAN JOSEPH, J.
----------------------------------------------
O.P.No.13305 of 2001
----------------------------------------------
Dated 16th October, 2006.
J U D G M E N T
Petitioner is aggrieved by Exts.P8 and P13 orders. The
issue pertains to the disciplinary proceedings initiated against the
petitioner culminating in removal from service on the ground of
unauthorised absence. It is not in dispute that the petitioner did
not join duty after the permitted leave period. Requests for
extension also were turned down and yet the petitioner, who was
working as Head Nurse in Medical College Hospital at the relevant
time did not join duty. It is also seen from the impugned orders
that all the possible formalities have been complied with while
passing the orders. Therefore, the orders do not suffer from any
illegality or irregularity. There is no error also on facts. The writ
petition is hence liable to be dismissed. The only contention of
the petitioner is that in similar circumstances, in the case of one
Smt.M.Chandramathy, the Government itself had passed orders
altering the punishment. Nothing is available on record as to the
facts and circumstances in which the Government passed Ext.P14
order. Moreover, it is now settled law that merely because a
OP NO.13305/01 2
special order is passed which is apparently impermissible, there
cannot be a direction to repeat the same mistake. Still further it
is seen that in the case of the wife of the petitioner, on
humanitarian grounds, the punishment of removal from service
has been reduced to compulsory retirement. In such
circumstances, on equity also, the petitioner is not entitled for the
relief. The writ petition is hence dismissed.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
———————————————-
O.P.No. 13305 of 2001 H
———————————————-
J U D G M E N T
Dated 16th October, 2006.