IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 6273 of 2006(V) ------------------------- PETITIONER: ------------ SINDU ANNA THOMAS, LECTURER, DEPARTMENT OF ARCHITECTURE, T.K.M.COLLEGE OF ENGINEERING, KOLLAM-691 005. BY ADV. SRI.P.R.PADMANABHAN NAIR RESPONDENTS: ------------- 1. PRINCIPAL, THANGAL KUNJU MUSALIAR COLLEGE OF ENGINEERING, KOLLAM-691 005. 2. CHAIRMAN, GOVERNING BODY, THANGAL KUNJU MUSALIAR COLLEGE OF ENGINEERING, KOLLAM-691 005. 3. SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, GOVT. OF KERALA, THIRUVANANTHAPURAM-695 001. R3&R4 BY G.P. SMT.SMITHA SUKUMARAN SRI.N.SUGATHAN FOR R1&R2 SMT.VARSHA BHASKAR FOR R2 SRI.S.PRASANTH (AYYAPPANKAVU) FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOCOPY OF BOND EXECUTED BY PETITIONER IN FAVOUR OF KERALA GOVT. ON 3.7.2003. P2: PHOTOCOPY OF LETTER DT.15.6.2005 FROM THE PRINCIPAL, T.K.M.COLLEGE, R1 TO THE PETITIONER. P3: PHOTOCOPY OF LETTER DT.18.7.2005 FROM THE PETITIONER TO THE CHAIRMAN, T.K.M. TRUST, R2. P4: PHOTOCOPY OF LETTER DT.4.10.2005 FROM THE PRINCIPAL, TKM COLLEGE TO THE PETITIONER. P5: PHOTOCOPY OF LETTER DT.5.10.2005 FROM THE PETITIONER ADDRESSED TO THE PRINCIPAL, T.K.M. COLLEGE, KOLLAM. P6: PHOTOCOPY OF LETTER DT.19.10.2005 FROM THE PRINCIPAL, TKM COLLEGE, KOLLAM ADDRESSED TO THE PETITIONER. P7:PHOTOCOPY OF LETTER DT.21.11.2005 FROM THE PETITIONER ADDRESSED TO THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVT. OF KERALA, TRIVANDRUM. P8: PHOTOCOPY OF ACKNOWLEDGEMENT CARDS SIGNED BY RESPONDENTS RECEIVING THE LETTER DT.21.11.2005 FROM PETITIONER. P9: PHOTOCOPY OF LETTER DT.24.12.2005 (SHOW CAUSE NOTICE) FROM THE CHAIRMAN, GOVERNING BODY, T.K.M.COLLEGE OF ENGINEERING, KOLLAM ADDRESSED TO PETITIONER. P10: PHOTOCOPY OF LETTER(REPLY STATEMENT) DT.7.1.2006 FROM THE PETITIONER ADDRESSED TO THE CHAIRMAN, T.K.M. COLLEGE OF ENGINEERING, KOLLAM. ANNEXURE A1(IN I.A. 7049/2007): TRUE COPY OF LETTER DT.31.3.2006 SUBMITTED BY PETITIONER BEFORE R1. ANNEXURE A2: TRUE COPY OF LETTER DT.8.6.2006 .DO. ANNEXURE A3: .DO. DT.18.11.2006 .DO. ANNEXURE A1(IN IA 7882/2007): STATEMENT OF ACCOUNT SUBMITTED BY PETITIONER. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.6273 of 2006 .................................................................... Dated this the 29th day of May, 2008. JUDGMENT The W.P. is filed challenging disciplinary proceedings initiated against the petitioner by the first respondent for unauthorised absence. The petitioner while serving as a Lecturer with the first respondent, went abroad for higher studies after executing a bond to serve for 4 years after completion of higher studies. However, petitioner rejoined after higher studies but immediately applied for leave. Though leave was initially granted, first respondent later declined subsequent application for continuous leave without allowances. Since petitioner did not join duty even after leave granted expired, disciplinary proceedings were initiated against the petitioner which led to her termination on 3.10.2005. The final order terminating her from service is not under challenge in this W.P. So far as the bond amount is concerned, this court issued interim order on 15.6.2007 to deposit Rs.4 lakhs. I do not find any ground to interfere with disciplinary proceedings which led to termination of petitioner and recovery of compensation under the bond executed by the petitioner. The W.P. accordingly fails and is dismissed leaving freedom to the respondents to 2 appropriate the amount, if deposited, or otherwise, recover the amount in terms of the bond from the petitioner. If no amount is specified in the bond, the details of amount demanded should be conveyed to the petitioner for the petitioner to challenge the same, if she desires so. C.N.RAMACHANDRAN NAIR Judge pms