C.P.PADMANABHAN Vs. THE GENERAL MANAGER

JUDGEMENT

(1.) The petitioner in the above writ petition is aggrieved with the enquiry proceedings initiated against the petitioner for unauthorised absence and Ext.P12 order, which refused the petitioner discharge from service on medical grounds and sanction of monthly pension and pensionary benefits; as a consequence. The petitioner contends that he is mentally unfit and was suffering from mental depression, which alone led to the unauthorised absence. The petitioner also asserts that he had given Ext.P8 leave application in the required format, since the earlier application submitted by him was rejected for the same being not in the proper format. The petitioner also, on the ground of his mental condition, seeks discharge from service.

(2.) With respect to the enquiry proceeded against the petitioner, it is an admitted fact that the petitioner was on leave from 16.03.2012 to 29.03.2012 and then later, from 02.07.2013 to 07.12.2013, the latter period having occasioned the Charge - sheet at Ext.P11. It is to be specifically noted that, but for the contention that the petitioner had given an application on 07.12.2013 and that the same had been rejected for reason of it being not in the proper format, there is no copy of the said application produced nor of the order of such rejection. The petitioner merely asserts such leave application having been made, which in any event is after the period of unauthorised absence. The petitioner then seeks to rely on Ext.P8 application, which again is for leave from 08.12.2013 to 07.12.2013 and is dated 01.09.2014. It cannot but be noticed that the same is also grossly delayed.

(3.) A reading of the Charge -Sheet indicates that despite the petitioner being instructed to report for duty or report to the nearby medical attendant, neither was done. An enquiry is seen to have been initiated, but the same was stayed by this Court as per order dated 20.01.2015. In the meanwhile, the petitioner's application for discharge from service was considered by Ext.P12 and the same declined.