MADANA MOHANAN.K. Vs. MANAGER , GOPAL MEMORIAL VOCATIONAL

JUDGEMENT

(1.) THE petitioner challenges the proceedings of the first respondent terminating his service while he was working as Vocational Lecture in Refrigeration and Air-conditioning in the first respondent school on the finding that he was unauthorisedly absent.

(2.) PETITIONER has been working in the school since 6.9.1993 . He was granted leave without allowance for five years from 15.10.2003 to 14.10.2008. According to him, he submitted a leave application five months prior to the expiry of the leave period for grant of further leave for five years. It is his case that without considering his leave application, the first respondent initiated disciplinary action by issuing a memo of charges dated 18.12.2008 as Ext.P1 in which it is alleged that his absence from duty from 15.10.2003 without applying for extention of leave amounts to unauthorised absence from service and dereliction of duty which require disciplinary action under Rules in K.E.R and Appendix XII-A (9) of KSR. The statement of allegations was also annexed along with the memo of charges on similar lines.

(3.) IT is his further contention that without taking into consideration the fact that the petitioner had applied for extension of leave Ext.P4 order was passed dismissing the petitioner from service with effect from 15.10.2008 under Rule 9 of Appendix XII-A of Part I KSR. The said decision was approved by the Director Vocational Higher Secondary as evident from Ext.P6. The petitioner challenges the aforesaid action.