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2011 Supreme(Ker) 59

C.N.RAMACHANDRAN NAIR, B.P.RAY
Chairman & Managing Director – Appellant
Versus
Induchoodan C. G. – Respondent


Advocates Appeared:For the Petitioner:E.K. Madhavan, Advocate. For the Respondent:A.T. Anilkumar, Advocate.

Judgment :-

Ramachandran Nair, J.

This Writ Petition is filed challenging the order of the Central Administrative Tribunal directing the petitioners to accept respondent's resignation and give him terminal benefits.

2. We have heard learned Standing Counsel for the petitioners and learned counsel appearing for the respondent.

3. The respondent, while serving as Production Manager, applied for leave on 09/06/2008 to go abroad for a period of one month from 17/06/2008. Even though leave application was submitted on 09/06/2008, the respondent was not given any communication until 17/06/2008, and therefore he left for Saudi Arabia to visit his brother there. The petitioners' case is that the leave application submitted was defective in as much as it was not in the prescribed form and did not contain all the details, and therefore on 23/06/2008 they sent a telegraphic communication of the same to the respondent. The respondent thereafter submitted another leave application on 28/06/2008 for one year special leave to take up employment abroad. Since no reply was received, the respondent wrote another letter on 14/07/2008 repeating same request with an alternate suggestion to the Company t



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