R. GANESAN Vs. COMMISSIONER, DINDIGUL MUNICIPALITY

JUDGEMENT

(1.) THIS Writ Appeal is against the order of the learned single Judge passed in W.P.(MD)No. 10075 of 2007 dated 28.9.2010 wherein this Court rejected the Writ Petition as misconceived and bereft of reasons. The order under challenge before the learned single Judge relates to an order of dismissal from service in a departmental enquiry on the ground that the appellant had abstained from attending the office continuously without giving any reason.

(2.) THE facts leading to the filing of the Writ Appeal are as follows:-

(3.) THE respondents submit that even after the Medical Board's Certificate dated 1.12.2004 with the leave applied for the petitioner from 28.1.2004 to 1.12.2004 can be regularised, the appellant did not join duty. Going by G.O.Ms.No.1046, P & AR (FR III) Dept., dated 13.11.1987 and Rule 18 that a Government servant having completed 5 years of service, can avail leave not exceeding one year, rightly proceedings was initiated against the petitioner. Even after the paper publication in Tamil daily Dinaboomi, the appellant had not come forward to make his explanation. In the circumstances, left with no other choice, the appellant was sent out of service.