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2012 Supreme(SC) 151

G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
STATE OF KERALA – Appellant
Versus
A. K. GOPAKUMAR – Respondent


ORDER

1. Leave granted. Respondent - Dr. A.K. Gopakumar, who joined service as Assistant Surgeon, Health Services in the State of Kerala on 01.01.2002 and as Lecturer in Anesthesiology, Government Medical College, Trivandrum on 09.04.2003 made an application to the Principal of the college on 01.06.2006 for grant of two months' leave. However, without waiting for sanction by the competent authority, he went abroad and joined service in a foreign country. The Principal rejected the Respondent's application by citing scarcity of the staff as the reason.

2. In December, 2006, Director, Medical Education, Kerala issued notice to the Respondent and directed him to join the duty, but he did not respond. Thereafter, departmental proceedings were initiated against the Respondent and charge-sheet dated 25.02.2007 was published in the local newspapers. The Respondent, who was keeping a track of the proceedings initiated against him filed reply dated 03.03.2007 but did not join the enquiry proceedings. After taking note of the fact that the Respondent had taken up employment in a foreign country without obtaining permission from the competent authority and had not shown inclination to rejoin th






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