LAWS(MAD)-2013-1-407

M. UMAYASEKAR Vs. PRINCIPLE SECRETARY TO GOVERNMENT

Decided On January 29, 2013
M. Umayasekar Appellant
V/S
PRINCIPLE SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) This Writ Appeal has been filed against the order of the Writ Court dated 3.4.2012 made in W.P. (MD) No. 4205/2012. The learned Counsel for the Appellant contended that the Appellant challenged the termination order in the Writ Petition wherein termination order was passed on the ground of unauthorized absence for a period of 12 days. It is further contended that the Appellant is working as Police Constable and the Appellant said to have absented for duty for a period of 12 days due to advanced stage of pregnancy of his wife and also in view of complication in the pregnancy. It is also contended that the absence of the Appellant is neither wilful nor wanton but only due to the above said circumstance. The learned Counsel for the Appellant also placed reliance on the decision of the Hon'ble Supreme Court in (I) Krushnakant B. Parmar v. Union of India and another,2012 3 LLN 116 (SC) : 2012(4) MLJ 595 (SC); and (II) Chairman-cum-Managing Director Coal India Limited and another v. Mukul Kumar Choudhuri and others, , : 2009(3) TNCJ 485(SC) .

(2.) Heard Mr. M. Govindan, learned Special Government Pleader on the submissions made by the learned Counsel for the Appellant.

(3.) We have carefully considered the submissions of both sides and perused the entire materials available on record including the impugned order passed by the First Respondent.