IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 OP.No. 19746 of 2000(A) ----------------------- PETITIONER: ------------ E. MUHAMMED HANEEFA, S/O. IBRAHIM, POIKAVILA VEEDU, PALACHIRA, CHERUNNIYOOR (P0), CHIRAYINKEEZHU, THIRUVANANTHAPURAM DIST. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: ------------- 1. DISTRICT EDUCATIONAL OFFICER, ATTINGAL. 2. DIRECTOF OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL (KERALA), THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPT. OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 5. THE HEADMASTER, GOVT.MUSLIM L.P. SCHOOL, PALACHIRA, VARKALA. 6. THE ASST. EDUCATIONAL OFFICER, VARKALA. BY GOVERNMENT PLEADER SRI. M.R. SABU. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 19746/2000. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF ORDER DT. 23-7-1979. EXT.P2 REPRESENTATION DT. 2-8-1996. EXT.P3 LETTER D. 15-12-1997. EXT.P4 REVIEW PETITION DT. 30-10-1999. EXT.P5 JUDGMENT IN O.P.NO. 29544/99 DT. 26-11-1999. EXT.P6 ORDER DT. 22-2-2000. EXT.P7 CERTIFICATE DT. 20-5-2000. EXT.P8 GOVT. ORDER DT. 18-9-1999. EXT.P9 NO OBJECTION CERTIFICATE ISSUED BY R2. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 19746 of 2000 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th September, 2008. J U D G M E N T The petitioner was a Government servant. He availed of leave for the period from 1-11-1975 to 30-10-1977, which was granted. He again applied for leave from 31-10-1977 to 30-10-1980, which was not sanctioned. In spite of the same, he went abroad. While he was abroad, disciplinary proceedings were initiated against him for unauthorised absence, which ended in Ext. P1 order dated 23-7-1979, imposing on the petitioner the punishment of removal from service. The petitioner, after returning from abroad, filed Ext. P2 representation dated 2-8-1996, which was rejected by Ext. P3 order. The petitioner again filed Ext. P4 review petition, which was also rejected by the Government by Ext. P6 order. The petitioner is challenging Exts. P1, P3 and P6 orders in this original petition. 2. Admittedly, the petitioner went abroad without getting the leave sanctioned. Therefore, there cannot be any dispute as to the fact that he was unauthorisedly absent. It is pursuant to that unauthorised absence that he was removed from service by Ext. P1 order dated 23-7-1979. For 17 long years, the petitioner did not find it necessary to challenge Ext. P1 order. It is only on 2-8-1996, he woke up and filed Ext. P2 representation . In such circumstances, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. Accordingly, the original petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/