IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 28761 of 2009(M) -------------------------- PETITIONER: ------------- KABEER.P.S., S/O.SAIDUL MOHAMMED, ALAPPATT HOUSE, MULAVOOR, EAST VAZHAPPILLY, ERNAKULAM. BY ADV. MR. BIJU M.JOHN MS. M.R.REENA RESPONDENT: --------------- THE OFFG COMMANDANT 137 BN BSF, RAISINGH NAGAR, SRIGANGA NAGAR DISTRICT, RAJASTAN. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ........................................... W.P.(C).No.28761 OF 2009 ............................................. Dated this the 30th day of October, 2009 J U D G M E N T Petitioner was working as a Constable under the respondent. It is stated that while working as a Constable, he took 15days leave from 6.6.2006 to 20.6.2006 and leave was granted with a direction to report on expiry of leave to BSF Transit Camp, Jammu. According to the petitioner, he could not return and join duty since his brother was undergoing treatment for mental disease. He also has a case that he himself was undergoing Jaundice and was advised to take rest for 16 days. 2. Though these are the justifications now offered, petitioner does not have a case that he applied for extension of the leave or produced medical records either of himself or his brother. Finally he was issued Ext.P1 show cause notice dated 10.1.2007 stating that it is proposed to remove or dismiss him from service and he was called upon to show cause against such proposal. He gave Ext.P2 reply stating about his brother's illness and his own illness. Ext.P3 is the : 2 : W.P.(C).No.28761 OF 2009 medical certificate concerning his brother and Ext.P4 is the medical certificate concerning himself. Insofar as Ext.P4 is concerned, the doctor has recommended absence from duty for 60 days from 30.1.2007. Finally, by Ext.P5 dated 16.2.2007, petitioner was dismissed from service. It is challenging this order, the writ petition is filed. 3. First of all, this writ petition is highly belated. No explanation what so ever is forthcoming for the delay of almost 3 years in challenging Ext.P4. That apart, admittedly misconduct of unauthorised absence from duty has been committed and if that be so, the petitioner was liable to have been proceeded against. It was accordingly that disciplinary proceedings were initiated and conclusion thereof, if the disciplinary authority has imposed a punishment of dismissal, this Court will not be justified in taking a view that the misconduct was not a grave one warranting such punishment. I am not satisfied that the petitioner has not made out a case for interference. ANTONY DOMINIC, JUDGE. cl : 3 : W.P.(C).No.28761 OF 2009 : 4 : W.P.(C).No.28761 OF 2009