IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 3727 of 2009(R) ------------------------- PETITIONER: --------------- SHERSHA.A.R., 41 YEARS, S/O.K.ABDUL RAHIM, WORKING AS ASSISTANT ENGINEER(CIVIL) CIVIL DIVISION, KERALA STATE ELECTRICITY BOARD, PATTOM, THIRUVANANTHAPURAM) R/AT.SHERLY MANZIL, PO.NAVAIKULAM, THIRUVANANTHAPURAM-695603. BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER(HRM), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, KSEB, CIVIL DIVISION VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM ADV. SRI.K.S.ANIL, SC, KSEB FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.3727 of 2009 -------------------------- Dated this the 6th March,2009 J U D G M E N T Petitioner seeks to quash Exhibits P1 to P4 and to restrain the respondents from taking any steps for termination of service without affording an opportunity of being heard to substantiate his contentions. 2. Necessary facts for the disposal of this case are the following. 3. Petitioner was working as Assistant Engineer in the Civil Division under the respondents. He was granted Leave Without Allowances for a period of five years up to 18.9.2008. During the said leave period he had gone abroad and obtained a job in United Arab Emirates (UAE). Subsequently, the Board has passed an order dated 21.7.2007 restricting the LWA to a period of five years (Exhibit-P1). Unaware about the order passed by the Board, the petitioner had filed an application for extension of leave. The petitioner was expecting favourable orders in the matter. But finding that leave is W.P ( C) No.3727 of 2009 2 not being extended the tried to come back for joining duty. But because of certain commitments at UAE and due to other pressing family constraints, he could not immediately report for duty. 4. While so, the respondents issued a show cause notice dated 7.11.2008 which is marked as Exhibit-P2 in the writ petition proposing to terminate him from service. Petitioner has already forwarded an explanation Exhibit-P3 to the show cause stating in detail the reasons for his overstayal there and further seeking for an opportunity to rejoin duty. Again he filed Exhibit-P4 representation seeking for a permission to rejoin duty and further pointing out that his overstayal in the post is not wilful and the situation was beyond his control. 5. It is in these circumstances, petitioner has approached this Court by filing this writ petition. As directed by this Court, the 2nd respondent has filed a statement. It is pointed out that the leave was sanctioned subject to certain conditions. One of the conditions was that his service will stand automatically terminated if he does not join for duty immediately after the expiry of the W.P ( C) No.3727 of 2009 3 leave sanctioned. It is also pointed out that no final orders have been passed in the matter and the explanation of the petitioner will be considered after considering the entire aspects on merits. 6. Learned counsel for the petitioner submitted that petitioner may be given an opportunity of personal hearing before orders are passed in the matter. 7. I find that in the circumstances of the case the said request could be granted by the respondents. Therefore, the 2nd respondent will issue appropriate notice to the petitioner to appear for a personal hearing on a convenient day. Petitioner will be allowed to furnish any other materials in support of his plea. Proceedings will be finalised only after conducting a personal hearing. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.3727 of 2009 4 W.P ( C) No.3727 of 2009 5