MADANA MOHANAN Vs. MANAGER

JUDGEMENT

(1.) THE appellant is aggrieved by the impugned order refusing to interfere with the dismissal of the appellant from service of the 1st respondent's school with effect from 15.10.2008.

(2.) THE appellant was a Vocational Lecturer in Refrigeration and Air-conditioning in the school in which the 1st respondent was the Manager. The appellant was granted Leave Without Allowance from 15.10.2003 to 14.10.2008. On expiry of the above sanctioned leave, the appellant failed to rejoin duty and remained absent despite notice issued by the Manager of the school to resume duties. The Manager, hence, initiated proceedings for unauthorised absence and dereliction of duties under Rule 9 of Appendix XII-A of Part I of Kerala Service Rules (for short "KSR"), which culminated in Exhibit P4 order.

(3.) THE appellant was issued with Exhibit P1 memo of charges dated 18.12.2008. Though no reply was received from the appellant, his wife submitted a reply on 10.1.2009 denying the charges levelled against him. The appellant, hence, cannot claim that he was not served with the memo of charges and, hence, there is a violation of principles of natural justice. The appellant, obviously, has also not produced the application which he claims to have submitted before the Manager. The learned counsel would rely on the notices issued by the Manager to contend that evidently, the statements therein admits the fact of an application having been made by the appellant.