PROCEDURAL LAPSES IN TERMINATION OF EMPLOYMENT AFTER LONG LEAVE

by | Sep 14, 2024

Case Title Kerala Agricultural University & Anr. v. T.P. Murali @ Murali Thavara Panen & Anr.
Introduction This case states the termination of an employee on long leave for failure to resume duties.
Factual Background T.P. Murali took a 20-year leave but failed to resume duties due to illness and COVID-19. The university terminated his services for unauthorized absence.
Legal Issues Whether the termination of services was valid given the failure to follow proper inquiry procedures as per the service rules.
Applicable Law Kerala Civil Services (Classification, Control, and Appeal) Rules, 1960, and Kerala Service Rules.
Analysis The court found that the termination was procedurally flawed as the required inquiry procedures were not followed, particularly the need to record satisfaction before disciplinary action.
Conclusion The Supreme Court upheld the decision of the High Court to quash the termination but did not reinstate the respondent due to his retirement.  The Pensionary benefits were granted.
Current Scenario The respondent has retired and will receive pensionary benefits, with no further legal challenge.

CASE SUMMARY –  In this case,the respondent, after 20 years of leave, failed to resume duties due to illness and travel restrictions from COVID-19. The Kerala Agricultural University terminated his services, citing unauthorized absence. The High Court quashed the termination, citing procedural lapses in conducting the inquiry. The Supreme Court upheld the High Court’s decision, addressing that the inquiry must follow statutory procedures, including recording satisfaction before disciplinary action. The respondent was denied reinstatement due to retirement but was entitled to pensionary benefits.

 

SOURCE – SUPREME COURT OF INDIA

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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