Unauthorized absence leading to removal from service is investigated under service law principles, where severity and proportionality of punishment are critical, independent of mental health claims unless communicated properly.

JUDGMENT :

N.NAGARESH, J.

Petitioner, who has been removed from the service of the Kerala State Electricity Board Limited on the ground of unauthorised absence, seeks to declare that the removal of the petitioner from the services of the KSEBL is illegal.

2. The petitioner states that while working as Executive Engineer at Pallivasal, he was subjected to mental harassment and was unable to discharge his duties. By G.O. dated 12.12.2012, he was deputed to National Games, Secretariat on deputation for one year. The petitioner requested for relieving him for joining the National Games, Secretariat as per letter dated 04.01.2013. But, the Deputy Chief Engineer directed the petitioner not to avail deputation. The petitioner was pressurised to continue in KSEBL. The deputation order was cancelled as per Ext.P4 order dated 21.03.2013.

3. The petitioner filed an application for Half Pay Leave for seven days with effect from 03.04.2013 on personal grounds. The leave was sanctioned. The petitioner's application for extension of Half Pay Leave for a further period of 21 days, up to 20.04.2013 was also sanctioned. The petitioner further sought extension of Half Pay Leave upto 14.06.2013 and for Leave Without Allowance for a further period of one year from 15.06.2013 on personal grounds.

4. The petitioner was ready to rejoin even before the expiry of the leave. But, the petitioner was denied the chance to rejoin duty. On the other hand, the 4^th respondent was given illegal promotion to the post held by the petitioner. A memo of charge dated 30.09.2013 was issued to the petitioner alleging unauthorised absence with effect from 01.05.2013, as per Ext.P9. The petitioner submitted Ext.P11 written statement dated 16.11.2013. The Enquiry Officer submitted Ext.P12 enquiry report dated 07.03.2015 holding that the petitioner was suffering from severe mental strain and depression. A show-cause notice was issued after 35 months from the date of submission of enquiry report.

5. The disciplinary authority rejected the explanations offered by the petitioner and imposed penalty of removal from service as per Ext.P17 order dated 04.04.2018. The appeal preferred by the petitioner was rejected as per Ext.P19. The review petition of the petitioner was also dismissed as per Ext.P21. The petitioner filed W.P.(C)No.7182/2020 challenging the order of removal.

6. The writ petition was disposed of by a learned Single Judge of this Court confirming the findings of the Enquiry Officer and converting the punishment of removal from service to compulsory retirement, as per Ext.P22 judgment. The respondents filed W.A. No.768/2022. The Division Bench set aside Ext.P22 judgment and Ext.P21 order in review petition and directed the Board of the KSEBL to reconsider the review petition submitted by the petitioner. The Division Bench also directed to consider the proportionality of the punishment imposed on the petitioner.

7. The Board, however, rejected the review petition as per Ext.P27 order. The petitioner states that he was not heard before passing Ext.P27 and the Board did not consider proportionality of the punishment. The petitioner states that the major punishment of removal was imposed on him on the basis of an endorsement in the postal cover to the effect that 'Addressee left India'. The Postman was not examined in the enquiry. The postal cover was not made available to the petitioner during the enquiry.

8. The petitioner states that there was no earlier history of misconduct or dereliction of duty on the part of the peti