IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8646 of 2010(E) --------------------------------------- PETITIONER(S): ------------------------- DR.A.K.GOPAKUMAR, 'SREEVILAS', VADAKKUMTHALA EAST P.O., KARUNAGAPALLY, KOLLAM DISTRICT. BY ADV. MR.ANCHAL C.VIJAYAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 8646 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2010 J U D G M E N T The petitioner is a Doctor in the service of the Government of Kerala. He filed an application for leave without allowance and left the country without getting the leave sanctioned. He obtained employment abroad. Disciplinary proceedings were initiated against him for unauthorized absence. Notices were published in the newspapers, pursuant to which the petitioner filed reply. Ultimately the Government passed Ext.P11 order imposing on the petitioner the punishment of dismissal from service. Petitioner is challenging the same . Petitioner has no case that the leave applied for by him was sanctioned. The rules applicable specifically stipulates that a person who applies for leave shall not proceed on leave without getting the leave sanctioned. That being so, petitioner's absence is clearly unauthorized. Despite a W.P.(C)No. 8646 of 2010 -2- chance given to the petitioner to rejoin duty, the petitioner has not availed of the same. Therefore I do not find anything wrong with Ext.P11 order dismissing the petitioner from service for the misconduct of unauthorized absence. Therefore the writ petition has no merit and accordingly the writ petition is dismissed. S. SIRI JAGAN JUDGE shg/