C. L. Job v. Chief Engineer (HRM), Kerala State Electricity Board and Others

## IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 22ND DAY OF MARCH 2016/2ND CHAITHRA, 1938 ## W.P.(C).No.18417 of 2005 (P) --------------------------------------------------- PETITIONER(S):- -------------------------- C.L.JOB, LINEMAN GRADE-I, 110 KV SS, MANGAD, KANNUR DISTRICT, (CHALAVEETTIL HOUSE, P.O.AROOR, CHERTHALA TALUK). BY ADVS.SRI.S.M.PREM SMT.K.P.SANTHI. RESPONDENT(S):- ---------------------------- ## 1. CHIEF ENGINEER (HRM), VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. ## 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, K.S.E.BOARD, THRIPUNITHURA. ## 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.BOARD, MARADU. * ADDITIONAL 4TH RESPONDENT IMPLEADED:- ------------------------------------------------------------------ ADDL.R4. THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, KSE BOARD, VAIDYUTHI BHAVAN, KANNUR. * [ADDITIONAL 4TH RESPONDENT IS IMPLEADED AS PER ORDER ON I.A.NO.9102/2005 DT.29.6.2005] R1 TO R4 BY STANDING COUNSEL SRI.PULIKOOL ABUBACKER. R1 - R4 BY ADV.SRI. ASOK M.CHERIYAN, SC, KSEB. R BY ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-03-2016, ALONG WITH WP(C).28161/2007-C, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- ## W.P.(C).No.18417 of 2005 (P) ## APPENDIX PETITIONER'S EXHIBITS:- -------------------------------------EXT.P1 TRUE COPY OF THE ORDER OF TRANSFER OF THE PETITIONER BY FIRST RESPONDENT TO KANNUR. EXT.P2 TRUE COPY OF SUBMISSION DT.30.09.2004 MADE BY THE PETITIONER TO THIRD RESOONDENT REQUESTING TO RELIEVE HIM TO JOIN DUTY TO THE TRANSFERRED STATION. EXT.P3 TRUE COPY OF SUBMISSION DT.1.10.2004 MADE BY THE PETITIONER TO THE 2ND RESPONDENT REQUESTING TO RELIEVE HIM TO JOIN DUTY AT KANNUR. EXT.P4 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN W.P.(CIVIL) 29247/2004. EXT.P5 TRUE COPY OF COMBINED LEAVE APPLICATION (RELEVANT PAGE) DT.14.10.2004 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT. EXT.P5(a) TRUE COPY OF SUBMISSION DT.14.10.2004 SUBMITTED BY THE PETITIONER BEFORE SECOND RESPONDENT.' EXT.P6 TRUE COPY OF COMMUNICATION DT.27.5.2005 OF ASSISTANT ENGINEER, 110 KV SS, MANGAG, KANNUR NO.EB1/05-06/14. EXT.P7 TRUE COPY OF COMMUNICATION DT.5.5.2005 NO.EB4(a)/P/LM/T&P/2004 OF THE FIRST RESPONDENT. EXT.P7A & B READABLE COPY OF EXT.P7. EXT.P8 TRUE COPY OF APPLICATION FOR LEAVE DATED 16.10.2003 SUBMITTED BY PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P8(a) TRUE COPY OF MEDICAL CERTIFICATE ISSUED BY THE DOCTOR DATED 16.10.2004 AND PRODUCED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P9 TRUE COPY OF APPLICATION FOR LEAVE DT.15.11.2003 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. W.P.(C).No.18417 of 2005 (P) - 2 - - EXT.P9(a) TRUE COPY OF MEDICAL CERTIFICATE DATED 15.11.2003 ISSUED BY DOCTOR AND PRODUCED BY PETITIONER BEFORE THE 3RD RESPONDENT. - EXT.P9(b) TRUE COPY OF RECEIPT ISSUED BY POSTAL AUTHORITIES ON 15.11.2003. - EXT.P10 TRUE COPY OF APPLICATION FOR LEAVE DT.6.12.2003 SUBMITTED BY PETITIONER BEFORE THE THIRD RESPONDENT. - EXT.P10(a) TRUE COPY OF MEDICAL CERTIFICATE DATED 6.12.2003 ISSUED BY DOCTOR AND PRODUCED BY PETITIONER BEFORE THE 3RD RESPONDENT. - EXT.P10(b) TRUE COPY OF POSTAL COVER AND RECEIPT ISSUED BY POSTAL AUTHORITIES ON 6.12.2003. - EXT.P10(b) A. READABLE COP[Y OF EXT.P10(b). - EXT.P11 TRUE COPY OF LEAVE APPLICATION DT.16.12.2003 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. - EXT.P11A. READABLE COPY OF EXT.P11. - EXT.11(a) TRUE COPY OF MEDICAL CERTIFICATE DATED 16.12.2003 ISSUED BY DOCTOR AND PRODUCED BY PETITIONER BEFORE THE 3RD RESPONDENT. - EXT.P11(b) TRUE COPY OF COVER AND RECEIPT ISSUED BY POSTAL AUTHORITIES ON 16.12.2003. EXT.P11(b)A. READABLE COPY OF EXT.P11(b). - EXT.P12 TRUE COPY OF APP;LICATION FOR LEAVE DATED 16.1.2004 SUBMITTED BY PETITIONER BEFORE THIRD RESPONDENT. - EXT.P12(a) TRUE COPY OF MEDICAL CERTIFICATE ISSUED BY DOCTOR DATED 16.1.2004 AND PRODUCED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. W.P.(C).No.18417 of 2005 (P) - 3 - - EXT.P12(b) TRUE COPY OF RECEIPT DATED 16.1.2004 ISSUED BY THE POSTAL AUTHORITIES TO THE PETITIONER. - EXT.P13 TRUE COPY OF APPLICATION FOR LEAVE DT.10.2.2014 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. - EXT.P13(a) TRUE COPY OF MEDICAL CERTIFICATE DATED 10.2.2004 ISSUED BY THE DOCTOR AND PRODUCED BY PETITIONER BEFORE THE 3RD RESPONDENT. - EXT.P13(b) TRUE COPY OF THE RECEIPT DT.10.2.2004 ISSUED BY ` POSTAL AUTHORITIES TO THE PETITIONER. - EXT.P14 TRUE COPY OF APPLICATION FOR LEAVE DATED 11.3.2004 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. - EXT.P14(a) TRUE COPY OF MEDICAL CERTIFICATE DATED 11.3.2004 ISSUED BY DOCTOR AND PRODUCED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. - EXT.P14(b) TRUE COPY OF POSTAL COVER AND RECEIPT DATED 11.3.2004 ISSUED BY POSTAL AUTHORITIES TO THE PETITIONER. - EXT.P15 TRUE COPY OF APPLICATION FOR LEAVE DATED 26.03.2004 SUBMITTED BY PETITIONER BEFORE THIRD RESPONDENT. - EXT.P15(a) TRUE COPY OF MEDICAL CERTIFICATE DT.26.3.2004 ISSUED BY DOCTOR AND PRODUCED BY PETITIONER BEFORE THIRD RESPONDENT. - EXT.P15(b) POSTAL COVER AND RECEIPT DT.27.3.2004 ISSUED BY POSTAL AUTHORITIES TO THE PETITIONER. - EXT.P16 TRUE COPY OF APPLICATION FOR LEAVE DT.5.4.2004 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT. - EXT.P16(a) TRUE COPY OF MEDICAL CERTIFICATE DATED 5.4.2004 ISSUED BY THE DOCTOR AND SUBMITTED BY PETITIONER BEFORE THIRD RESPONDENT. W.P.(C).No.18417 of 2005 (P) - 4 - EXT.P16(b) TRUE COPY OF POSTAL COVER AND RECEIPT DATED 5.4.2004 ISSUED BY POSTAL AUTHORITIES TO THE PETITIONER. EXT.P16(b)a. READABLE COPY OF EXT.P16(b). EXT.P17 TRUE COPY OF APPLICATION FOR LEAVE DT.20.4.2004 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT. EXT.P17(a) TRUE COPY OF MEDICAL CERTIFICATE ISSUED BY THE DOCTOR AND SENT BY PETITIONER TO THE THIRD RESPONDENT. - EXT.P17(b) TRUE COPY OF POSTAL COVER AND RECEIPT ISSUED BY POSTAL AUTHORITIES TO THE PETITIONER. EXT.P18 TRUE COPY OF APPLICATION FOR LEAVE DT19.5.2004 SENT BY PETITIONER TO THIRD RESPONDENT. - EXT.P18(a) TRUE COPY OF MEDICAL CERTIFICATE DT.19.5.2004 ISSUED BY DOCTOR AND SENT BY PETITIONER TO THIRD RESPONDENT. - EXT.P18(b) TRUE COPY OF POSTAL COVER AND RECEIPT DT.19.5.2004 ISSUED BY POSTAL AUTHORITIES TO PETITIONER. EXT.P19 TRUE COPY OF APPLICATION FOR LEAVE DT.8.6.2004 SENT BY PETITIONER TO THIRD RESPONDENT. - EXT.P19(a) TRUE COPY OF MEDICAL CERTIFICATE DT.8.6.2004 ISSUED BY DOCTOR AND SENT BY PETITIOENR TO THIRD RESPONDENT. - EXT.P19(b) TRUE COPY OF POSTAL COVER AND RECEIPT DT.8.6.2004 ISSUED BY POSTAL AUTHORITIES TO THE PETITIONER. - EXT.P20 TRUE COPY OF APPLICATION FOR LEAVE DT.23.6.2004 SENT BY PETITIONER TO THIRD RESPONDENT. - EXT.P20(a) TRUE COPY OF MEDICAL CERTIFICATE DT.23.6.2004 ISSUED BY DOCTOR AND SENT BY PETITIONER TO THIRD RESPONDENT. W.P.(C).No.18417 of 2005 (P) - 5 - EXT.P20(b) TRUE COPY OF POSTAL COVER AND RECEIPT ISSUED BY POSTAL AUTHORITIES TO THE PETITIONER. EXT.P20(b) A&b. READABLE COPY OF EXT.P20(b). EXT.P21 TRUE COPY OF APPLICATION FOR LEAVE DT.13.7.2004 SENT BY PETITIONER TO THIRD RESPONDENT. - EXT.P21(a) TRUE COPY OF MEDICAL CERTIFICATE DT.13.7.2004 ISSUED BY DOCTOR ND SENT BY PETITIONER TO THE THIRD RESPONDENT. - EXT.P21(b) TRUE COPY OF POSTAL COVER AND RECEIPT DT.13.7.2004 ISSUED BY POSTAL AUTHORITIES TO THE PETITIONER. - EXT.P22 TRUE COPY OF APPLICATION FOR LEAVE DATED 28.7.2004 SENT BY PETITIONER TO THIRD RESPONDENT. - EXT.P22(a) TRUE COPY OF MEDICAL CERTIFICATE DATED 27.7.2004 ISSUED BY DOCTOR AND SENT BY PETITIONER TO 3RD RESPONDENT. - EXT.P22(b) TRUE COPY OF POSTAL COVER AND RECEIPT DATED 27.8.2004 ISSUED BY POSTAL AUTHORITIES TO THE PETITIONER. - EXT.P23 TRUE COPY OF APPLICATION FOR LEAVE DATED 11.8.2004 SENT BY PETITIONER TO THIRD RESPONDENT. - EXT.P23(a) TRUE COPY OF MEDICAL CERTIFICATE DT.11.8.2004 ISSUED BY DOCTOR AND SENT BY PETITIONER TO THE THIRD RESPONDENT. - EXT.P23(b) TRUE COPY OF POSTAL COVER AND RECEIPT ISSUED BY POSTAL AUTHORITIES ON 11.8.2004 TO THE PETITIONER. - EXT.P24 TRUE COPY OF APPLICATION FOR LEAVE DT.31.8.2004 SENT BY PETITIONER TO THIRD RESPONDENT. - EXT.P24(a) TRUE COPY OF MEDICAL CERTIFICATE DATED 31.8.2004 ISSUED BY DOCTOR AND SENT BY PETITIONER TO THIRD RESPONDENT. W.P.(C).No.18417 of 2005 (P) - 6 - - EXT.P24(b) TRUE COPY OF POSTAL COVER AND RECEIPT ISSUED BY POSTAL AUTHORITIES ON 31.8.2004 TO THE PETITIONER. - EXT.P25(a) TRUE COPY OF PHOTOGRAPH TAKEN BY THE PETITIONER FROM THE PLACE OF OPERATION OF THE PETITIONER AT THE RELEVANT POINT OF TIME. - EXT.P25(b) TRUE COPY OF PHOTOGRAPH TAKEN BY THE PETITIONER FROM THE PLACE OF OPERATION OF THE PETITIONER AT THE RELEVANT POINT OF TIME. - EXT.P25(c) TRUE COPY OF PHOTOGRAPH TAKEN BY THE PETITIONER FROM THE PLACE OF OPERATION OF THE PETITIONER AT THE RELEVANT POINT OF TIME. - EXT.P25(d) TRUE COPY OF PHOTOGRAPH TAKEN BY THE PETITIONER FROM THE PLACE OF OPERATION OF THE PETITIONER AT THE RELEVANT POINT OF TIME. - EXT.P25(e) TRUE COPY OF PHOTOGRAPH TAKEN BY THE PETITIONER FROM THE PLACE OF OPERATION OF THE PETITIONER AT THE RELEVANT POINT OF TIME. - EXT.P25(f) TRUE COPY OF PHOTOGRAPH TAKEN BY THE PETITIONER FROM THE PLACE OF OPERATION OF THE PETITIONER AT THE RELEVANT POINT OF TIME. - EXT.P25(g) TRUE COPY OF PHOTOGRAPH TAKEN BY THE PETITIONER FROM THE PLACE OF OPERATION OF THE PETITIONER AT THE RELEVANT POINT OF TIME. - EXT.P25(h) TRUE COPY OF PHOTOGRAPH TAKEN BY THE PETITIONER FROM THE PLACE OF OPERATION OF THE PETITIONER AT THE RELEVANT POINT OF TIME. - EXT.P25(i) TRUE COPY OF PHOTOGRAPH TAKEN BY THE PETITIONER FROM THE PLACE OF OPERATION OF THE PETITIONER AT THE RELEVANT POINT OF TIME. - EXT.P25(j) TRUE COPY OF PHOTOGRAPH TAKEN BY THE PETITIONER FROM THE PLACE OF OPERATION OF THE PETITIONER AT THE RELEVANT POINT OF TIME. W.P.(C).No.18417 of 2005 (P) - 7 - - EXT.P26 TRUE COPY OF EARNINGS AND DEDUCTIONS IN RESPECT OF THE PETITIONER FOR THE MONTH OF 4/05 AT THE OFFICE OF ADDL.R4. EXT.P27 TRUE COPY OF THE REPRESENTATION DT.26.04.2005 MADE BY THE PETITIONER BEFORE ADDL.R4. - EXT.P28 TRUE COPY OF INTIMATION FROM LIC OFFICE, THRIPPUNITHURA, REGARDING SURRENDER OF LIC POLICY IN RESPECT OF THE PETITIONER. - EXT.P29 TRUE COPY OF EXPLANATION DT.2.11.2005 SUBMITTED BY THE PETITIONER IN RESPOPNSE TO THE SHOW CAUSE NOTICE DT.20.10.2005 BY THE ASSISTANT EXECUTIVE ENGINEER, TALIPARAMBA SUB STATION SUB DIVISION OF THE K.S.E.BOARD. EXT.P30 TRUE COPY OF THE LEAVE APPLICATIONS DT.6.10.2005 BY THE PETITIONER. EXT.P31 TRUE COPY OF THE LEAVE APPLICATIONS DT.21.10.2005 BY THE PETITIONER. EXT.P32 TRUE COPY OF THE LEAVE APPLICATIONS DT.20.11.2005 BY THE PETITIONER. - EXT.P33 TRUE COPY OF THE LEAVE APPLICATIONS DT.1.12.2005 BY THE PETITIONER. EXT.P34 TRUE COPY OF THE LEAVE APPLICATIONS DT.16.12.2005 BY THE PETITIONER. - EXT.P35 TRUE COPY OF THE LEAVE APPLICATIONS DT.5.1.2006 BY THE PETITIONER. EXT.P36 TRUE COPY OF THE LEAVE APPLICATIONS DT.25.1.2006 BY THE PETITIONER. EXT.P37 TRUE COPY OF THE LEAVE APPLICATIONS DT.23.2.2006 BY THE PETITIONER. W.P.(C).No.18417 of 2005 (P) - 8 - EXT.P38 TRUE COPY OF THE LEAVE APPLICATIONS DT.24.4.2006 BY THE PETITIONER. EXT.P39 TRUE COPY OF THE LEAVE APPLICATIONS DT.9.6.2006 BY THE PETITIONER. EXT.P40 TRUE COPY OF THE LEAVE APPLICATIONS DT.24.7.2006 BY THE PETITIONER. EXT.P41 TRUE COPY OF THE LEAVE APPLICATIONS DT.22.9.2006 BY THE PETITIONER. EXT.P42 TRUE COPY OF THE LEAVE APPLICATIONS DT.6.11.2006 BY THE PETITIONER. EXT.P43 TRUE COPY OF THE LEAVE APPLICATIONS DT.4.2.2007 BY THE PETITIONER. - EXT.P44 TRUE COPY OF THE LEAVE APPLICATIONS DT.26.3.2007 BY THE PETITIONER. - EXT.P45 TRUE COPY OF THE LEAVE APPLICATIONS DT.10.5.2007 BY THE PETITIONER. - EXT.P46 TRUE COPY OF THE LEAVE APPLICATIONS DT.19.6.2007 BY THE PETITIONER. - EXT.P47 TRUE COPY OF THE LEAVE APPLICATIONS DT.3.8.2007 BY THE PETITIONER. - EXT.P48 TRUE COPY OF THE LEAVE APPLICATIONS DT.30.8.2007 BY THE PETITIONER. ## RESPONDENT'S EXHIBITS:- ------------------------------------------- - EXT.R1(a) - TRUE COPY OF THE RECOVERY REQUEST LETTER DATED 15.12.2004, ISSUED BY THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK. - EXT.R1(b) TRUE COPY OF THE RECOVERY REQUEST LETTER DT.19.1.2005, ISSUED BY THE ALAPPUZHA DISTRICT COOPERATIVE BANK. W.P.(C).No.18417 of 2005 (P) - 9 - EXT.R1(c) TRUE COPY OF THE SCHEDULE OF RECOVERY DT.10.1.2005, OF THE KERALA STATE ELECTRICITY BOARD EMPLOYEES' CO-OPERATIVE SOCIETY LTD. EXT.R1(d) TRUE COPY OF THE SCHEDULE OF RECOVERY DT.10.2.2005, OF THE KERALA STATE ELECTRICITY BOARD EMPLOYEES' CO-OPERATIVE SOCIETY LTD. EXT.R1(e) TRUE COPY OF THE SCHEDULE OF RECOVERY DT.10.4.2005, OF THE KERALA STATE ELECTRICITY BOARD EMPLOYEES' CO-OPERATIVE SOCIETY LTD. EXT.R1(f) TRUE COPY OF THE SCHEDULE OF RECOVERY DT.1056.2005, OF THE KERALA STATE ELECTRICITY BOARD EMPLOYEES' CO-OPERATIVE SOCIETY LTD. EXT.R1(g) TRUE COPY OF THE SCHEDULE OF RECOVERY DT.10.6.2005, OF THE KERALA STATE ELECTRICITY BOARD EMPLOYEES' CO-OPERATIVE SOCIETY LTD. vku/- [ true copy ] ## K. Vinod Chandran, J ------------------------------------------------------ W.P.(C) Nos.18417 of 2005-P & 28161 of 2007-C ------------------------------------------------------Dated this the 22[nd] day of March, 2016 ## **JUDGMENT** The petitioner, a Lineman who was dismissed from the service of the Kerala State Electricity Board [for brevity “KSEB” or “Board”], is before this Court challenging the dismissal order. 2. W.P.(C) No.18417 of 2005 was with respect to the petitioner's leave applications having not been considered. The other writ petition, W.P.(C).No.28161 of 2007, though initially challenged the various show cause notices issued, eventually was amended challenging Exhibit P14 order of the Board terminating the services of the petitioner. 3. W.P.(C) No.18417 of 2005 was filed challenging Exhibits P6 and P7. Exhibit P6 is a communication issued by the Assistant Engineer, 110 K.V. Sub Station, Mangad to the petitioner asking him to submit an application for Leave Without Allowance for the period of unauthorised absence from 16.10.2003 to 17.10.2004. Exhibit P7 was again a communication of the Chief WP(C).Nos.18417 of 2005 & - 2 - 28161 of 2007 Engineer (HRM) to the Deputy Chief Engineer, Transmission Circle, Kannur seeking the aforesaid leave applications of the petitioner so as to regularise the period of unauthorised absence. 4. The petitioner was suspended by the 1[st] respondent when he was working as a Lineman at Maradu. On the basis of the order in an Original Petition, of this Court, the petitioner was reinstated in service and was transferred to Transmission Circle, Kalamassery. The petitioner did not join the said transferred post and applied for medical leave. The petitioner then submitted an application for transfer to Kannur, where his wife was employed. The petitioner also approached this Court seeking a direction to the Secretary, KSEB to consider his representation for transfer. The petitioner eventually was transferred by order dated 24.09.2004 to Mangad, Kannur. 5. The petitioner has a complaint that he was not relieved from his post at Maradu and again he had to approach this Court. In any event, this Court by Exhibit P4 judgment in W.P.(C) No.29247 of 2004 dated 08.10.2004 directed that the petitioner be permitted to join duty at the transferred station at Kannur. The WP(C).Nos.18417 of 2005 & - 3 - 28161 of 2007 petitioner joined at the transferred place. However, the petitioner is again said to have unauthorisedly absented from 26.09.2005 onwards. 6. The counter affidavit of the Board indicates that the petitioner was relieved from Maradu on 15.10.2004 and reported for duty at the Transmission Circle, Kannur on 18.10.2004. The counter affidavit also specifically averred that the petitioner had not submitted the application for Leave Without Allowance for his absence from 16.10.2003 to 17.10.2004, despite the officers of the respondent-Board having directed him so to do, for the purpose of regularising the leave. 7. While matters stood thus, the petitioner again unauthorisedly absented from 26.09.2005. The various show cause memos issued to the petitioner are evident from the documents produced in W.P.(C) No.28161 of 2007. The petitioner, admittedly, continued on unauthorised leave during the entire period after 26.09.2005 and different memos were issued to him, as is seen from Exhibit P1, P3 and P4; to all of which the petitioner had submitted explanations. A charge sheet was issued as per Exhibit WP(C).Nos.18417 of 2005 & - 4 - 28161 of 2007 P7 dated 14.06.2006. What was alleged therein was the unauthorised absence, commencing from 26.09.2005 and the attempt of the petitioner to mark attendance on 04.10.2005 and 05.10.2005 when the petitioner had not reported for duty. Though the petitioner had replied to the said charge memo also, a notice was published by the Board in the vernacular newspaper, as is evidenced from Exhibit P9 on the very same allegations. The petitioner also had submitted Exhibit P10 explanation to the said publication also. The petitioner then was directed to appear before the Chief Engineer (HRM) at his office in Vydyuthi Bhavanam, Thiruvananthapuram by Exhibit P11 memo. Exhibit P12 was the objection submitted to Exhibit P11 memo. The petitioner, after having been heard by the Chief Engineer (HRM), was terminated abruptly by Exhibit P14 with effect from 26.09.2005. 8. It is seen from the documents in W.P.(C) No.28161 of 2007 that the charge memo was issued only for the instance of unauthorised absence from 26.09.2005 onwards. Though the earlier period was not regularised, which was the prayer in W.P.(C) WP(C).Nos.18417 of 2005 & - 5 - 28161 of 2007 No.18417 of 2005, the Board has not chosen to initiate any proceedings with respect to that period. In such circumstance, as of now, the period spent on unauthorised absence from 16.10.2003 to 17.10.2004 should be deemed to have been regularised deeming the said period to be Leave Without Allowance. 9. As to the further period, the petitioner's only contention is that the petitioner had been submitting leave applications, which were not sanctioned by the authority. If that be so, the petitioner ought to have approached this Court or at least filed a petition in the earlier writ petition. The petitioner admittedly continued on unauthorised absence and did not take any effort to see that the leave applications are properly addressed or properly submitted to the officers of the Board. It is also to be noticed that the Board has also not initiated a proper enquiry, permitting the petitioner to offer an adequate and proper explanation. Show cause memos were issued for the unauthorised absence on intermittent periods and then a charge-memo was issued, pursuant to which the petitioner was given a hearing by the Chief Engineer (HRM). Based on such proceedings, the Board has thought it fit to terminate the WP(C).Nos.18417 of 2005 & - 6 - 28161 of 2007 petitioner from the services of the Board from 26.09.2005, i.e., from the date on which he unauthorisedly absented from duty. 10. The learned Standing Counsel for the Board seeks to sustain the termination of the petitioner on the ground that the petitioner had voluntarily abandoned the employment. The learned Counsel also would place reliance on a decision of the Hon'ble Supreme Court in 2 **012 (4) SCALE 213 [** _**State of Kerala and Others v. A.K.Gopakumar**_ **].** That was a case in which an Anaesthesiologist left the place of posting without obtaining permission for taking employment in a foreign country. The notices issued by the Medical Department were not answered. Nor did the incumbent join duty in spite of initiation of disciplinary action. It was in such circumstance it was held that there was no requirement for a regular departmental enquiry. 11. Herein, though the petitioner had not joined duty, the petitioner had been responding to the various memos and explanations too were filed. The petitioner's specific contention was that leave applications along with medical certificates were produced. The petitioner had even appeared before the Chief WP(C).Nos.18417 of 2005 & - 7 - 28161 of 2007 Engineer (HRM) and pleaded his inability to attend work, due to his medical incapacities. In such circumstance, it cannot be said that a departmental enquiry was not necessary. The petitioner should have been permitted to proffer a defence in the context of the specific explanation as to medical disability to attend work. The afore-cited decision would have no application in the petitioner's case. 12. There is a gross technical defect in the proceedings, insofar as no departmental enquiry was initiated. At this distance of time, it may not be proper for this Court to direct the Board to conduct a fresh enquiry. The petitioner also does not have a case that the petitioner had proceeded on leave after due sanction. The petitioner remained absent from 26.09.2005 and at no point took any effort to file applications properly and get it sanctioned. The fact of absence from 26.09.2005, that too unauthorised absence, for reason of the petitioner having no sanction, is also very evident. The petitioner as of now has also crossed the age of superannuation. 13. Adjusting equities, this Court is of the opinion that the petitioner can be deemed to have been compulsorily retired from service with effect from 26.09.2005, with entitlement to receive all WP(C).Nos.18417 of 2005 & - 8 - 28161 of 2007 benefits treating the period till 26.09.2005 as qualifying service for pension and other purposes. In such circumstances, the Board shall compute the retirement benefits due to the petitioner and also the pension due to the petitioner, which shall be communicated in writing to the petitioner within a period of three months from today and the entire amounts disbursed within three months thereafter. The petitioner shall also be entitled to future pension, which shall be paid from the month of May, 2016. The earlier period of absence between 16.10.2003 to 17.10.2004, will be deemed to be regularised as Leave Without Allowance. The writ petitions would stand disposed of with the above directions. Parties are left to suffer their respective costs. **Sd/-** K.Vinod Chandran Judge. vku/- [ true copy ]