WP(C) NO. 11795 OF 2025 1 2025:KER:26329 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 11795 OF 2025 PETITIONER/S: RAJEEV S. NAIR, AGED 45 YEARS S/O. K. RAJASEKHARAN NAIR JUNIOR SUPERINTENDENT, MUNSIFF COURT CHERTHALA, ALAPPUZHA, RESIDING AT KOCHUPARIYARATHU, KARUVATTA P.O ALAPPUZHA, PIN - 690517 BY ADVS. B.RENJITHKUMAR; CLARA SHERIN FRANCIS; K.P.ABHIRAMI S. LAL RESPONDENT/S: 1 HIGH COURT OF KERALA REP. BY THE REGISTRAR GENERAL HIGH COURT OF KERALA, MARINE DRIVE, ERNAKULAM, KOCHI, PIN - 682031 2 REGISTRAR DISTRICT JUDICIARY (APPELLATE AUTHORITY) HIGH COURT OF KERALA, MARINE DRIVE, ERNAKULAM, KOCHI, PIN - 682031 3 DISCIPLINARY AUTHORITY DISTRICT COURT, VELIYANAD ROAD KIDANGAMPARAMPU, THATHAMAPALLY ALAPPUZHA, PIN - 688013 M. SHAJNA-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11795 OF 2025 2 2025:KER:26329 JUDGMENT The petitioner, while working as a Junior Superintendent in the Principal Munsiff’s Court, Cherthala, District Court Alappuzha, faced disciplinary proceedings for his unauthorized absence from duty with effect from 12.12.2022 to 23.12.2022. The Enquiry Officer submitted Ext.P4 report to the Disciplinary Authority after conducting the enquiry. It appears that the Disciplinary Authority has issued show cause notice to the petitioner. Before a final decision could be taken by the Disciplinary Authority, the petitioner has rushed to this Court with the present writ petition impugning the report submitted by the Enquiry Officer. 2. The learned Counsel for the petitioner submits that the whole proceedings initiated against the petitioner for his alleged unauthorized absence are illegal and without jurisdiction inasmuch as the petitioner had made an application for sanctioning him leave. No reasons were required to be stated by the petitioner for availing ‘earned leave’. WP(C) NO. 11795 OF 2025 3 2025:KER:26329 Therefore, the petitioner’s absence being treated as unauthorized is wholly unjustified and the disciplinary proceedings initiated against the petitioner are liable to be set aside. 3. I have considered the submissions advanced on behalf of the parties and perused the records. 4. This Court does not find much substance in the submission advanced on behalf of the petitioner. The petitioner has participated in the enquiry conducted against him. He never came to this Court when the charge sheet was issued. After the Enquiry Officer submitted the report, a final decision has to be taken by the Disciplinary Authority after considering the response to the show cause notice and after hearing the petitioner. This Court would not like to interdict the proceedings at this stage. 5. Therefore, the writ petition is dismissed. The Disciplinary Authority is directed to consider the response to the show cause notice, if submitted by the petitioner and after affording him an opportunity of WP(C) NO. 11795 OF 2025 4 2025:KER:26329 hearing, take a final decision regarding the infliction of punishment on the petitioner for the alleged misconduct. With the aforesaid observations, the present writ petition stands dismissed. Sd/- D. K. SINGH JUDGE jjj WP(C) NO. 11795 OF 2025 5 2025:KER:26329 APPENDIX OF WP(C) 11795/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE APPLICATION DATED 12.12.2024 SUBMITTED BY THE PETITIONER Exhibit-P2 TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit-P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. SALMAN.K.A DATED 12.12.2022 TO THE PETITIONER Exhibit-P4 TRUE COPY OF THE ENQUIRY REPORT DATED 05.12.2024 ALONG WITH THE FORWARDING ORDER OF THE 3RD RESPONDENT