S MARAN Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) THE petitioner who was working as an Assistant under the second respondent Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, has filed the present writ petition challenging the order dated 27.10.1997 removing him from service and confirmed by the order of the first respondent dated 07.01.1999.

(2.) THE petitioner had joined the service of the respondent Corporation as a helper on 10.01.1975, thereafter was promoted as Junior Assistant in 1979 and as an Assistant in 1984. THE petitioner who originally worked at Kumbakonam was posted to Tanjore and subsequent to his joining the station, he claimed that he became the General Secretary of the Trade Union to which he belonged, which necessitated him to leave the station often for union work. He started taking several leave without informing the officers and merely intimating about his absence. THE petitioner from 09.10.1995 to 15.12.1995 took medical leave and earned leave, from 16.12.1995 to 10.03.1996, he was kept under compulsory wait seeking for posting in some other station. Again from 11.03.1996 to 31.08.1996, he took earned leave. From 01.09.1996 to 14.10.1997, he sought for employment and kept under compulsory wait. THE department taking note of the frequent absence of the petitioner, especially for the period from October 1995 to October 1997 he has taken 736 days leave without permission in a period of two years, framed a charge against him. THE petitioner informed the respondent that he being the Union leader, requires his absence many times. Not satisfied with the explanation, an enquiry was conducted and the charge levelled against the petitioner was proved. Taking note of the unauthorized absence of the petitioner continuously, he was removed from service by the order dated 27.10.1997 by the second respondent. As against the said order, he had filed an appeal on 04.11.1997. THE said appeal was also dismissed by the first respondent by the order dated 07.01.199. Thus, he is before this Court.