JUDGMENT

P.Muraleedharan, the petitioner in W.P.(C) No.36011 of 2010, was working as HSST (English) (Junior) in Chattanchal Higher Secondary School, Thekkil, Kasaragod District. He applied for leave without allowances for three years from 10.12.2008 to 9.12.2011 for taking up employment abroad. The application for leave without allowances is dated 26.11.2008.

2. It would appear that the application for leave without allowances was submitted to the Principal. The Principal took the view that he was not the authority to whom the application should be submitted. However, he did not inform P.Muraleedharan that the application was not submitted to the proper authority. The view of the Principal is that the Manager is the authority to whom the application should be submitted. But, the Principal did not forward the application to the Manager as well. The result was that the leave application was not forwarded to the proper authority, namely, the Government, for consideration and disposal of the same.

3. Meanwhile, on the ground that from 10.12.2008 P.Muraleedharan was on unauthorised absence, the Manager initiated disciplinary proceedings against P.Muraleedharan. A memo of charges dated 29.1