IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 23139 of 2007(D)
1. CHANDRADASAN.C., AGED 48 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE CHAIRMAN & MANAGING DIRECTOR,
3. THE SENIOR MANAGER, PERSONNEL,
4. TRANSFORMERS AND ELECTRICAL KERALA
5. T.P.GOVINDAN, MANAGER (PERSONNEL),
For Petitioner :SRI.SHAJI P.CHALY
For Respondent :SRI.M.PATHROSE MATTHAI (SR.)
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :10/08/2007
O R D E R
ANTONY DOMINIC, J.
===============
W.P.(C) NO. 23139 OF 2007
====================
Dated this the 10th day of August, 2007
J U D G M E N T
Petitioner was an Engineer in the service of the 4th
respondent Company. While so, petitioner applied for leave
without allowances for taking up employment abroad.
Without getting the leave sanctioned, he absented from
duty and eventually by Ext.P3 order dated 16th August 2006,
he was informed that his application cannot be entertained,
and was called upon to report for duty. Although the period
mentioned in Ext.P3 was extended, petitioner did not report
for duty and even now continue his employment abroad.
Finally, the petitioner has been charge sheeted as per
Ext.P5, to which he has submitted Ext.P6 reply. Ext.P6 has
been rejected by Ext.P7 and an Enquiry Officer has been
appointed for conducting enquiry against the petitioner. It
is at that stage seeking to quash Exhibits P3 and P5 and for
WPC 23139/07
: 2 :
directing the 2nd respondent to grant leave to the
petitioner, this writ petition is filed.
2. It is admitted case that the petitioner absented
from duty without getting the leave sanctioned and this
certainly discloses a misconduct in terms of the standing
orders. If that be so, disciplinary authority is justified in
proceeding with the disciplinary action. Petitioner has filed
his explanation and the Enquiry Officer having been
appointed, enquiry has to be completed.
3. I do not find anything illegal in Exts.P3 or P5
warranting interference. Petitioner has to answer the
charges and prove his innocence before the Enquiry Officer.
I do not find any merit in this writ petition and it is only
to be dismissed and I do so.
ANTONY DOMINIC, JUDGE.
Rp