Writ petition by a retired government employee challenging his termination from service for unauthorized absence. The court directed the Electricity Board to verify medical certificates and decide within two months whether to restore service benefits, effectively disposing of the petition without a final ruling on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937
WP(C).No. 27050 of 2012 (E)
PETITIONER :
KHAN BAHADUR. J, AGED 54 YEARS S/O.JAFARKHAN,
OFFICE ATTENDANT (OUT OF EMPLOYMENT)FROM ELECTRICAL SECTION , CHENGANAMAD, KOLLAM DISTRICT, RESIDING AT CV NEW HOME OYOOR (P.O)KOLLAM DISTRICT.
BY ADV. SRI.M.V.THAMBAN
RESPONDENT'S :
1. KERALA STATE ELECTRICITY BOARD, VYDUYTHI BHAVANAM, PATTAM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN-695 001.
2. CHIEF ENGINEER (HUMAN RESOURCES MANAGEMENT), KERALA STATE ELECTRICITY BOARD, VYDUYTHI BHAVANAM, PATTOM P.O., THIRUVANANTHAPURAM , PIN-695 004.
3. THE DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD KOTTARAKKARA, KOTTARAKKARA P.O., KOLLAM DIST PIN-691 506.
4. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, KOTTARAKKARA, KOTTARAKKARA P.O, KOLLAM DISTRICT, PIN-691 506.
5. THE SECRETARY KERALA STATE ELECTRICITY BOARD, VYDUYTHI BHAVANAM, PATTAM P.O., THIRUVANANTHAPURAM, PIN-695 004.
BY ADV. SRI.K.S. ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0604-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 27050 of 2012 (E)
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APPENDIX
PETITIONER'S EXHIBITS
EXT. P3 : TRUE COPY OF THE CERTIFICATE DATED 14.11.2012
ADDRESSED TO THE 4TH, 3RD AND THE 1ST RESPONDENTS.
EXT. P5 : TRUE COPY OF THE MEDICAL CERTIFICATE DATED 28.02.2015.
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY//
PA TO JUDGE
bpr
A.MUHAMED MUSTAQUE, J.
=========================
W.P(C).No.27050 of 2012
============================ Dated this the 06th day of April, 2015
JUDGMENT
Petitioner entered in the service of Kerala State Electricity Board with effect from 17.03.1977 as Office Attender. Petitioner has been removed from the service pursuant to disciplinary proceedings initiated against him as per order of the Board dated 27.07.1998. Petitioner approached this Court challenging Ext.P2 order of removal. This order is passed exparte on account of non participation of the petitioner inspite of service of notice.
W.P(C).No.27050 of 2012
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treatment for mental ailment. He relies on various certificates issued by Neuro psychiatrist of Government hospital. It is further submitted that his mental ailment has been fully cured only in the year 2011 and hence he is entitled to challenge Ext.P2.
W.P(C).No.27050 of 2012
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found genuine, necessarily, petitioner should not be mulcted with harsh punishment of removal from the service on account of unauthorized absence. Therefore, after verifying the medical certificates and also verifying whether there was any such lapse on the part of petitioner in challenging the decision within time, necessary order shall be passed in the matter. The Board shall take a decision in this matter within a period of two months from the date of receipt of a copy of this judgment. Petitioner shall also produce originals of medical certificates and such records showing the period of treatment.
The Writ Petition is disposed of. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/06/04/15
3 issues framed by the court
Whether a petitioner who was removed from service due to unauthorized absence can challenge the termination order after a long delay if proven mental illness prevented participation in proceedings.
Whether the petitioner's qualifying service for pension should be forfeited due to unauthorized absence resulting from an untreated mental ailment.
What procedural direction should the Board follow regarding the petitioner's challenge to the termination order.
Khan Bahadur
Kerala State Electricity Board
A.Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
