TaxTMI 
TaxTMI 
1999 (8) TMI 990
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....ed subject to her giving a declaration that after expiry of the leave if she fails to resume her duties, the authorities shall be entitled to terminate her services. The case of the appellant is that though an extraordinary leave was granted for specified course with certain conditions but respondent No.2 neither went for the course for which she obtained the leave nor joined back her duties in spite of the reminder and hence after due notice to respondent No.2 and after receipt of her reply and after giving due consideration to it not finding it satisfactory, terminated her services on 26th February, 1979. It is this order which was challenged before the said Tribunal in appeal in which her termination order was set aside. Aggrieved by the same, the appellant filed Civil Revision in the High Court. The High Court confirmed the order of the Tribunal by holding neither any enquiry was held nor any opportunity was provided to the second respondent to establish that she had not stayed away will fully. Aggrieved by this, the present appeal has been filed. The appellants case is that on 27th May, 1978 respondent No.2 wrote a letter to the Principal of the college seeking leave to reg....
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....use notice dated 27th September, 1978. In it a direction was given to respondent No.2 to join her duties before 4 P.M. by the 30th September, 1978, failing which her services in the college would stand terminated without further notice. Thereafter, the trust-Board in its meeting held on 6th December, 1978 resolve to issue another show cause notice which was issued to respondent No.2 on 20th December, 1978, through which another opportunity was given to the respondent to submit her written explanation, if any, and in case no written and satisfactory explanation was received within one calender month from the date of receipt of this notice, ex parte action would be taken. The explanation sought was on the following charges which is quoted hereunder : a) You applied for extra-ordinary leave of absence for higher studies at the Calicut University and you were granted one year extra ordinary leave of absence with effect from 27.6.1978 for a specific purpose viz. for taking up M.Phil course in Chemistry on giving an affidavit. b) you failed to register yourself for the M.Phil course in chemistry at the Calicut University. Thus the conditions under which the said leave was granted were....
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....ed for extraordinary leave for a period of one year for doing M.Phil course with an undertaking that she would be sending the registration of her M.Phil. course by 31st July, 1978, failing which she would return back and join her services at 10 A.M. on 16th August, 1978. It is also not disputed that she did not get herself registered for M.Phil course. It is only when enquiry was made by the appellant from the Registrar of the Calicut University it was revealed that M.Phil course did not even start in the said year in question in the University and instead she got herself registered for Ph.D. course. It is significant, as aforesaid, that her earlier application for leave for doing Ph.D. course stood rejected, hence she applied subsequently, alternatively for M.Phil course. It is also not in dispute in spite of the registered letter dated 8th August, 1978 by the appellant directing her to join her duties by 16th August, 1978, which was also acknowledged by her on the 12th August, 1978, she did not join her duties. The submission by the learned counsel for respondent No.2 is since she could not get herself registered for M.Phil course in the said University, having no alternative she....
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.... one year and on such leave, without seeking any fresh permission from the appellant got herself registered for Ph.D. course. This apart, admittedly, she even violated conditions of her leave for which she filed an affidavit, i.e., if she does not get admission in M.Phil course by 31st July, 1978, she would re-join the services which she did not do. The facts speak for itself. It is also clear from record the appellant gave opportunity to her. On these facts, the order of termination passed by the appellant cannot be said to be illegal. We find both Tribunal and the High Court did not revert or scrutinize these basic fact, which is so apparent and revealing that no other inference is possible and that is why we do not find on record even from her reply any sustainable defence been taken by her. The contention of learned counsel for the respondent is confined that there was no enquiry in terms of Section 6 of the said Act. There is no submission of any defence on merit. Even before us when we granted learned counsel an opportunity to give any prima facie or plausible explanations on record to defend her actions, nothing could be placed before us. Giving of opportunity or an enqui....