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2004 Supreme(Ker) 581

KURIAN JOSEPH
Rajan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Kurian Joseph, J.

The procedure for leave on medical certificate is the issue to be decided in this Writ Petition. The petitioner filed an application for leave without allowances on medical certificate with effect from 6.5.1998 supported by a medical certificate from an Assistant Surgeon. However, as per Ext.P2, the same was rejected by the Government, the following endorsement:-

“I am to invite your attention to the reference cited. As the medical certificate furnished in support of the leave seems to be bogus, you are directed to obtain and forward a second medical opinion from a Medical Board”:

This communication is dated 23.9.1998. It is seen endorsed by the Director on 15.10.1998 and by the Sub Treasury Officer on 26.10.1998. According to the Petitioner, he got information about Ext.P2 communication only on 16.11.1998 when as a matter of fact, he had already applied for extension of leave for a further period of 30 days with effect from 2.11.1998. Learned Counsel for the petitioner submits that the reasons stated in Ext.P2 are totally untenable. Reference to Medical Board arises only if the second medical opinion is found not acceptable. Learned Government Pleader,







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