IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 27413 of 2003(S) --------------------------------------- OA.855/1999 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------------- E.V.FRANCIS, KANNATH HOUSE, MANJUMMAL PARAMBU, PALLURUTHY P.O., KOCHI-682 006 (FORMERLY WORKING AS CARPENTER(SK), COMMAND TRANSPORT WORKSHOP, NAVAL BASE, KOCHI-4). BY ADV. SRI.N.N.SUGUNAPALAN (SR.) RESPONDENTS: ------------------------ 1. THE CHIEF STAFF OFFICER (PERSONNEL & ADMINISTRATION), HEADQUARTERS, SOUTH NAVAL COMMAND, KOCHI-4. 2. THE FLAG OFFICER COMMANDING-IN-CHIEF SOUTHERN NAVAL COMMAND, KOCHI-4. 3. CIVILIAN GAZETTED OFFICER (INQUIRY AUTHORITY), NAVAL SHIP REPAIR YARD, SOUTHERN NAVAL COMMAND, KOCHI-4. 4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 5. CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, ERNAKULAM NORTH P.O., COCHIN-682 018, REPRESENTED BY ITS REGISTRAR. BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG FOR R1TO4 SRI.P.S.SREEDHARAN PILLAI, SCGSC FOR R1,2,4 & 5 SRI.TPM.IBRAHIM KHAN,SENIOR PANEL COUNS FOR R1TO4 SRI.P.PARAMESWARAN NAIR,ASGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27413/2003 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE FINDINGS OF THE DEPARTMENTAL ENQUIRY, DT. 7.9.1998. EXT.P2:- COPY OF THE MEMORANDUM OF CHARGES AND STATEMENT OF IMPUTATION. EXT.P3:- COPY OF THE REPORT OF THE INQUIRY AUTHORITY. EXT.P4:- COPY OF THE BRIEF SUBMITTED BY THE PRESENTING OFFICER BEFORE THE ENQUIRY AUTHORITY DT. 10.6.96. VIDE NSD/INQ/MAS/1. EXT.P5:- COPY OF THE REPRESENTATION DT. 9.10.1998 SUBMITTED BY THE PETITIONER. EXT.P6:- COPY OF THE LETTER NO.269/C DT. 23.11.1998 ISSUED BY THE COMMANDER OF THE COMMAND TRANSPORT WORKSHOP. EXT.P7:- COPY OF THE ORDER NO.CS 2693/4928-32 DT. 17.12.1998 BY THE HEAD QUARTERS, SOUTHERN NEVAL COMMAND, KOCHI. EXT.P8:- COPY OF THE APPEAL DT. 8.1.1999 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P9:- COPY OF THE ORDER NO.CS 2696/107 DT. 8.6.1999 OF THE 2ND RESPONDENT. EXT.P10:- COPY OF THE MEMORANDUM OF O.A. NO.855/99 FILED BY THE PETITIONER. EXT.P11:- COPY OF THE LETTER NO.NSRY/INQ/NBK/2 DT. 26.4.1995 ADDRESSED TO THE PETITIONER. EXT.P12:- COPY OF THE LETTER DT. 9.12.1993 ALLEGDELY SENT TO THE PETITIONER. EXT.P13:- COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS. EXT.P14:- COPY OF THE MEDICAL CERTIFICATE DT. 3.12.96 ISSUED BY DR. M.K.DAMODARAN. EXT.P15:- COPY OF THE MEDICAL CERTIFICATE DT. 31.7.98 ISSUED BY DR. NITIN DALAYA. EXT.P16:- COPY OF THE MEDICAL CERTIFICATE DT. 1.8.98 ISSUED BY DR. NITIN DALAYA. EXT.P17:- COPY OF THE LETTER DT. 15.9.98 ISSUED BY THE DISTRICT MEDICAL OFFICER, ERNAKULAM. EXT.P18:- COPY OF THE REJOINDER FILED BY THE PETITIONER. W.P.(C) NO.27413/2003 EXT.P19:- COPY OF THE CLARIFICATION LETTER DT. 19.9.98 ISSUED BY DR.MK.DAMODARAN. EXT.P20:- COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENTS. EXT.P21:- COPY OF THE SECOND ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENTS. EXT.P22:- COPY OF THE ORDER DT. 13.3.2002 IN OA. NO.855/99 OF THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. /TRUE COPY/ P.S. TO JUDGE tss K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------------- W.P.(C)No.27413 OF 2003 ----------------------------------------------------- DATED THIS THE 25th DAY OF AUGUST, 2008 J U D G M E N T Balakrishnan Nair, J. The writ petitioner was the applicant in O.A.No.855/99. The respondents herein were the respondents in that O.A. The Original Application was filed challenging Exhibits P7 and P8 orders. Exhibit P7 is the order of the disciplinary authority passed against the petitioner imposing the penalty of dismissal from service for unauthorised absence. Exhibit P9 is the order of the appellate authority dismissing the appeal filed by him against Exhibit P7. The charge against him was that he was unauthorisedly absent from 13.11.1993 to 17.6.1994. The notices sent to him were returned unserved. The charge sheet was published in the Malayala Manorama daily. Even, thereafter, there was no response. So, the enquiry was proceeded ex-parte and he was found guilty. During the pendency of the proceedings, he rejoined duty on 7.9.1998. By subsequent memos, the period of absence from 1994 to 1998 was also included in the articles of charges. The petitioner claims that he was suffering from mental illness and produced Exhibit P14 medical certificate in support of his claim. But the disciplinary authority did not accept the above defence set up by the applicant. The report of the Inquiring Authority was accepted. He was dismissed from service. In the O.A., the petitioner also produced Exhibit P15 certificate, to support his defence of W.P.(C)No.27413/03 -2- mental illness. The Tribunal also did not accept that contention and dismissed the O.A. Hence this Writ Petition. 2. The Tribunal found that going by Exhibits P14 and P15, those documents do not inspire confidence. The Tribunal felt that they are documents cooked up only for the purpose of his case. We perused those documents. Exhibit P14 is a certificate issued by a Homoeo Doctor. Exhibit P15 is a certificate issued by a Psychiatrist in Pune. Except those certificates, the petitioner does not have any other medical documents like case sheet, prescription of medicine, bill for purchasing the medicine, etc. It is difficult to believe that the petitioner underwent homoeo treatment for three years for mental illness at Oachanthuruth and from there he went to Pune for treatment. We feel that the finding of the Tribunal that no probative value can be attached to Exhibits P14 and P15 certificates is a plausible view taken on facts. If that be so, the finding that he has been unauthorisedly absent without any justification has to be upheld. Therefore, his dismissal from service was pre-eminently warranted. In the result, the Writ Petition fails and it is dismissed. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn