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.) On notice, the respondents filed the counter in the Writ Petition stating that inspite of several opportunities granted to the appellant to appear in person before the Commissioner to represent his case, the petitioner did not avail any of his opportunities and hence, an exparte order was passed removing the appellant from service. It is stated that although the appellant received the questionnaire on 18.6.2004, and thereafter, ultimately, intimation was given on 14.9.2004 to appear in person before the Commissioner, the appellant did not appear. On 3.11.2004, the Commissioner received the letter enclosing certificate from Dr.K.Rajasekaran from the appellant dated nil sent through Courier service that he was suffering from jaundice from 28.1.2004 to 31.10.2004.