The petitioner was an Assistant Professor of Dermatology and Venereology in the Medical Colleges under the Government of Kerala. After an extended period of long leave, the petitioner reported for duty before the Director of Medical Education on 21-1-1993 and he was given a posting at Medical College, Kozhikode as per order dated 28-10-1993. However, instead of joining duty there, the petitioner filed O.S.No. 488/1993 before the Munsiff's Court, Alappuzha claiming that he should have been promoted as Associate Professor. Since the petitioner did not join duty pursuant to the order dated 2810-1993, disciplinary proceedings were initiated against him. Memo of charges were issued, explanation received and an enquiry was conducted by the Joint Director of Medical Education. The enquiry officer recommended that the petitioner may be given an opportunity to join back in service. Therefore, the petitioner was directed to join duty within two weeks and the petitioner presented himself before the Director of Medical Education on 18-4-1996. He was given a posting order dated 20-8-1996, directing him to report for duty at Medical College, Kozhikode. Although the petitioner received the order dated 20-8-1996, he did not join duty at Medical College, Kozhikode, pursuant to the said order. Therefore, a provisional decision to remove the petitioner from service with effect from 10-4-1993 was communicated to the petitioner directing him to show cause why that provisional decision should not be finalised. After obtaining time to file explanation, the petitioner filed an explanation denying all the allegations against him and requesting to give him appropriate posting orders. On the allegation that the explanation furnished by the petitioner was not satisfactory, the Government referred its provisional decision to remove the petitioner from service to the
