N.RAJAGOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved with the termination order at Ext.P17. Ext.P17 is passed by the disciplinary authority after an enquiry was conducted into the misconducts alleged against the petitioner by an independent enquiry officer. The petitioner was participated in the enquiry and the petitioner does not raise any ground of any procedural infirmity or violation of principles of natural justice, insofar as the conduct of enquiry or the manner in which the disciplinary authority had passed the termination order.

(2.) The background facts are to be looked into. The petitioner while working as an Executive, under the 2nd respondent Corporation, filed an application for leave on 06.02.1991 for two days, i.e; on the 7th and 8th. The reason cited was to accompany his aged mother to the Doctor. The petitioner did not join duty after the leave applied for and on 12.02.1991, an application for extra ordinary leave was submitted on grounds of rheumatic complaints; with a medical certificate issued by an Ayurvedic Physician who was also a Professor of the Ayurveda College. The request for leave was not sanctioned and the petitioner was asked to report for duty. Upon which, the petitioner addressed the Managing Director requesting a transfer to the Liaison Office of the Corporation at Thiruvananthapuram. Again, the petitioner was advised to report for duty and was directed to present himself before the Senior Medical Officer of the Corporation. The petitioner did neither.

(3.) It was in that circumstance, the petitioner was proceeded with departmentally and issued show cause notice to which the petitioner submitted an explanation. Not satisfied with the same an enquiry was ordered. The Managing Director had first issued a Memo dated 19.03.1991. The petitioner reported for duty on 05.04.1991 and the Managing Director issued order dated 17.04.1991, scheduling the enquiry. The enquiry ordered was with respect to the unauthorised absence between 07.02.1991 and 05.04.1991. This was concluded with Ext.P8 report dated 14.01.1993.