FR JAMES AERTHAYIL Vs. N K THOMAS

JUDGEMENT

(1.) AN aided recognised private college, affiliated to the Mahatma Gandhi University, has filed this revision under Section 63(9) of the Mahatma Gandhi University Act, 1985, challenging the decision of the Mahatma Gandhi University Appellate Tribunal, allowing an appeal filed by the 1 st respondent herein, who was the Head of the Department of English in that college.

(2.) THE teacher made Ext. M1 application for leave dated 09/10/2006 seeking grant of commuted leave from the first week of November. THE reason attributed for the request for commuted leave was medical grounds. As per Ext. M2 dated 01/11/2006, the request for commuted leave was refused. On 02/11/2006, he made Ext. M3(a) application for medical leave supported by Ext. M3(b) certificate, which is one issued in terms of Rule 117 in Part I KSR, which applies by virtue of Statute 42 of the Mahatma Gandhi University Statutes, 1997. THE application was for 45 days of medical leave and the recommendation of the doctor was that the teacher needs rest from 06/11/2006 to 20/12/2006. After submitting that application on 02/11/2006, the teacher did not attend duty from 06/11/2006 to 20/12/2006.

(3.) ON allegation of unauthorised absence from 06/11/2006 to 20/12/2006, the management issued a show cause notice followed by a memo of charges. This was followed by appointment of an enquiry authority and consequential enquiry.