P MUHAMED MUSTAQUE Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) THE petitioner entered service of the Department of Health of the Government of Kerala as Assistant Surgeon on 1.10.1992. THE petitioner was granted 5 years' leave without allowance for accepting employment abroad from 13.6.2002. THE petitioner applied for extension of leave for a further period of 5 years on 12.3.2007. THE petitioner was later served with a show cause notice directing him to join duty by a proceedings of the Government dated 19.6.2009, which is Ext. P4. THE petitioner did not rejoin duty. Subsequently, by Ext. P5, the petitioner was directed to produce certificate of proof of date of birth in person before the Additional Secretary (Health) for considering his representation dated 11.8.2009. THE petitioner filed Ext. P6 reply stating that since he is leaving India on 21.9.2009, he is not in a position to meet the Additional Secretary as directed in Ext. P5 and he forwarded an attested copy of his passport. He further stated that he can come only on 19.12.2009. His request for further time was rejected by Ext. P7. Subsequently, by order dated 29.4.2010, the petitioner was dismissed from service for unauthorized absence without leave. THE petitioner is challenging the same seeking the following reliefs:

(2.) THE contention of the petitioner is that the procedure prescribed by law imposing punishment of dismissal on the petitioner has not been complied with and therefore the punishment of dismissal from service imposed by Ext. P8 order is clearly unsustainable. 2. I have heard the learned Government Pleader also.