STATE OF KERALA Vs. GOPAKUMAR

JUDGEMENT

(1.) Leave granted. Respondent - Dr. A.K. Gopakumar, who joined service as Assistant Surgeon, Health Services in the State of Kerala on 01.01.2002 and as Lecturer in Anesthesiology, Government Medical College, Trivandrum on 09.04.2003 made an application to the Principal of the college on 01.06.2006 for grant of two months' leave. However, without waiting for sanction by the competent authority, he went abroad and joined service in a foreign country. The Principal rejected the Respondent's application by citing scarcity of the staff as the reason.

(2.) In December, 2006, Director, Medical Education, Kerala issued notice to the Respondent and directed him to join the duty, but he did not respond. Thereafter, departmental proceedings were initiated against the Respondent and charge-sheet dated 25.02.2007 was published in the local newspapers. The Respondent, who was keeping a track of the proceedings initiated against him filed reply dated 03.03.2007 but did not join the enquiry proceedings. After taking note of the fact that the Respondent had taken up employment in a foreign country without obtaining permission from the competent authority and had not shown inclination to rejoin the post of Lecturer in the medical collage, the State Government passed order dated 17.7.2007 under Article 311(3) of the Constitution and dismissed the Respondent from service by invoking Rule 18(ii) of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 (for short, 'the Rules').

(3.) The Respondent's contract with the foreign employer ended in December, 2009. Thereafter, he came to India and filed Writ Petition (C) No. 8646 of 2010 for quashing order dated 17.07.2007 by asserting that the action taken by the State Government was contrary to Article 311 and the Rules.