SUPREME COURT EXAMINED THE PROCEDURAL ASPECTS IN MURALI’S CASE; INITIATED A DISCIPLINARY COMMITTEE
Category: JUDGEMENT REVIEW
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FACT OF THE CASE
In this case the respondent worked as an assistant Professor at Kerala Agriculture University from 24th March,1988.The respondent after serving for 11 years,respondent has taken a leave without allowances for 20 years to work in USA.When the leave of the defendant ended in 2019,he didn't rejoin to the University and the university authority terminated him from the job for unauthorized absence for long period of time
LEGAL PROVISIONS
Civil Services Rule of Kerala 1960
Service Rule of Kerala
ARGUMENT FOR THE PETITIONER
The petitioner contended that Murali breaks the terms of his LWA by not continuing his work immediately after his leave ended.They also argued that his absence without any Authorization established a misconduct. The University also contended that the authority strictly followed the procedure under Kerala Civil Services Rules,1960,before terminating the Respondent’s employment
ARGUMENT FOR THE RESPONDENT
The respondent argued that due to some unavoidable circumstances including serious illness and travel restrictions caused by COVID 19 he was not able to join his duties. He also demands that he has already send his intention to join the work through various mail to the University but the Authority didn’t consider his situation. The inquiry process from the authority was not properly conducted and they didn’t follow the procedure under the rule.
JUDGEMENT AND ANALYSIS
The Apex Court analysed the Procedural facts of the particular case, The court noticed that no factor was presented to describe that the University had recorded such satisfaction before appointing a committee or terminating Respondent's employment. The Division Bench of the Kerala High Court had already set aside the termination on procedural grounds. The Court has directed to the University to settle his pensionary benefits. The Supreme Court upheld the High Court's decision and emphasizing that procedures in the statute must be followed strictly.
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WRITTEN BY: KOUSTAV GHOSH
GUIDED BY: ADVOCATE ANIK
