Supreme Court of India
Kerala Agricultural University vs T. P. Murali @ Murali Thavara Panen on 4 September, 2024
Author: Pankaj Mithal
Bench: Pankaj Mithal, Pamidighantam Sri Narasimha
2024 INSC 658 NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO.20817 OF 2022
KERALA AGRICULTURAL
UNIVERSITY & ANR. …PETITIONER(S)
VERSUS
T.P. MURALI @ MURALI THAVARA
PANEN & ANR. …RESPONDENT(S)
JUDGMENT
PANKAJ MITHAL, J.
1. Heard Shri R. Basant, senior counsel for the petitioner
and Shri Gaurav Agrawal, senior counsel for the
respondent.
2. Kerala Agricultural University has preferred this Special
Leave Petition challenging the judgment and order dated
Signature Not Verified
26.08.2022 passed by the Division Bench of the High
Digitally signed by
geeta ahuja
Date: 2024.09.04
18:04:14 IST
Reason:
Court of Kerala in Writ Appeal No. 298 of 2022, T.P. Murali
vs. Kerala Agricultural University. The Division Bench
1
after setting aside the judgment dated 21.12.2021 passed
in Writ Petition (C) No.17803 of 2021, quashed the order
dated 30.07.2021 passed by the Vice Chancellor of the
university terminating the services of the respondent T.P.
Murali.
3. The Division Bench in allowing the writ appeal, though
quashed the termination order passed against the
respondent but refused to direct for his reinstatement as
he had attained the age of superannuation during the
pendency of litigation. Thus, it only directed the university
to decide and disburse the pensionary benefits to the
respondent to which he may be entitled as per the relevant
statues and rules.
4. The respondent T.P. Murali had joined the Kerala
Agricultural University as Assistant Professor on
24.03.1988. After having worked for about 11 years, he
took a long Leave Without Allowance1 of 20 years from
05.09.1999 to 04.09.2019 in four blocks of five years each
to take up employment in Community College,
Pennsylvania, USA.
1
In short ‘LWA’
2
5. The respondent failed to resume his duties on the expiry
of the LWA on 04.09.2019 as he was in USA at that time
and was allegedly suffering from serious ailments. It is
alleged that he had expressed his intention to rejoin duty
via e-mail but still did not rejoin, allegedly for reasons of
his health and, thereafter, due to intervening COVID-19.
He could only return to India by the first Vande Bharat
flight in July, 2020 and requested for rejoining but was not
allowed, rather he was handed over the Memo of Charge
dated 15.07.2020 stating that he had remained on
unauthorized absence w.e.f. 05.09.2019 and has thus
committed statutory violation leading to misconduct. A
formal departmental inquiry was initiated after the reply of
the respondent to the show cause notice/charge memo
was not found to be satisfactory. The Inquiry Committee of
three members vide Exh.P17 concluded that the
respondent violated the LWA conditions by not joining the
duty before the completion of 20 years period of LWA. Upon
consideration of the above Inquiry Report, the Vice
Chancellor vide order dated 30.07.2021 and in exercise of
its delegated power as per the resolution of the Executive
3
Council dated 23.01.2021 allegedly following the
procedure prescribed under the rules, terminated the
services of the respondent w.e.f. 05.09.2019.
6. The respondent challenged the aforesaid termination order
by invoking the writ jurisdiction of the High Court but the
said writ petition was dismissed vide judgment and order
dated 21.12.2021. The learned Single Judge recorded that
the respondent violated the statutory rules by not
resuming his duties immediately upon the expiry of leave
period. His explanation regarding his illness and
intervening COVID-19 was not acceptable, therefore his
overstay on leave was not liable to be condoned. The
respondent failed to place on record if he had drawn salary
for the period of overstay of leave from his employer in
USA.
7. The aforesaid judgment and order of the learned Single
Judge on writ appeal by the respondent has been set aside
by the Division Bench on the ground that the university
has not followed the procedure prescribed under the rules
for holding the disciplinary inquiry and that the
4
respondent was genuinely and bona fidely forbidden from
resuming his duties in time.
8. We have carefully examined the impugned judgment and
order of the Division Bench as well as the other material
papers. On the admitted position, respondent had
proceeded on a long leave of 20 years from 05.09.1999 to
04.09.2019 and had not resumed his duties immediately
on the expiry of the above leave period. The aforesaid leave
period was not liable to be extended in any manner under
the rules. In a situation like this, the rules provide for the
termination of the services of the employee after following
the procedure prescribed under the rules.
9. The relevant service rules are the Kerala Civil Services
(Classification, Control and Appeal) Rules, 1960 and the
Kerala Service Rules and its appendix which permits a
maximum of 20 years of LWA vide Rule 24A read with
Clause 6 of Appendix XIIA concerning grant of LWA. The
aforesaid Rules further provide that immediately on the
expiry of the leave, if the incumbent fails to join, his
services shall be terminated after following the procedure
5
laid down in the Kerala Civil Services (Classification,
Control and Appeal) Rules, 1960.
10. Rule 15 of the said rules provides for the procedure for
imposition of major penalties including termination. It
inter alia provides that before holding a
departmental/regular disciplinary inquiry, the delinquent
would be given a show cause notice as to why a
departmental inquiry may not be held against him on the
charges levelled and it is only after recording of the prima
facie satisfaction that a departmental inquiry is necessary,
the matter could be referred for holding a regular
disciplinary inquiry.
11. Rule 24A and Clause 6 of Appendix XIIA of Kerala Service
Rules and Rule 15 of the Kerala Civil Services
(Classification, Control and Appeal) Rules, 1960 are
reproduced hereinbelow:
“24A. Notwithstanding anything contained in
these rules, if an Officer who availed himself
of leave without allowances to take up
employment abroad or within the country or
for joining spouse for a total period of twenty
years, whether continuously or in broken
periods, does not return to duty immediately
on the expiry of the leave, his service shall be
terminated after following the procedure laid
down in the Kerala Civil Services6
(Classification, Control and Appeal) Rules,
1960.”xxx xxx xxx
“Appendix XIIA- RULES FOR THE GRANT OF
LEAVE WITHOUT ALLOWANCES FOR TAKING UP
EMPLOYMENT ABROAD OR WITHIN INDIAThe following rules shall regulate the grant of leave
without allowances to officers for taking up
employment abroad or within India. These rules shall
not apply in cases of employment in the service of any
Public Sector Undertaking, Aided Schools and Private
Colleges or self financing Colleges within the State or
anybody incorporated or not, which is wholly or
substantially owned, controlled or aided by any State
Government or the Government of India.
1. …
2. …
3. …
4. …
5. …
6. The maximum period of leave that may be sanctioned
to an officer during his entire service shall be limited to
20 years and such leave shall not extent beyond twelve
months before their date of superannuation. If the officer
who has availed himself of the leave without allowances
for a total period of 20 years whether continuously or in
broken periods, does not return to duty immediately on
the expiry of the leave, his service shall be terminated
after following the procedure in Kerala Civil Services
(Classification, Control and Appeal) Rules, 1960. This
condition shall be incorporated in every order
sanctioning such leave.”xxx xxx xxx
7
“Rule 15 of the Kerala Civil Services (Classification,
Control and Appeal) Rules, 1960
15. Procedure for imposing major penalties.-
(1) Without prejudice to the provisions of the Public
Servants’ (Inquiry) Act, 1850 (Central Act XXXVII of
1850), and the Public Servants’ (Inquires) Act, 1122
(Act XI of 1122), no order imposing on a Government
servant any of the penalties specified in items (v) to (ix)
of rule 11 (1) shall be passed except after an inquiry held
as far as may be, in the manner hereinafter provided.
(2) (a) Whenever a complaint is received, or on
consideration of the report of an investigation, or for
other reasons, the disciplinary authority or the
appointing authority or any other authority empowered
by Government in this behalf is satisfied that there is a
prima facie case for taking action against a Government
Servant, such authority shall frame definite charge or
charges which shall be communicated to the
Government servant together with a statement of the
allegations on which each charge is based and of any
other circumstances which it is proposed to take into
consideration in passing orders on the case. The accused
Government Servant shall be required to submit within
a reasonable time to be specified in that behalf a written
statement of his defence and also to state whether he
desires to be heard in person. The Government servant
may on his request be permitted to peruse or take
extracts from the records pertaining to the case for the
purpose of preparing his written statement; provided
that the disciplinary or other authority referred to above
may, for reasons to be recorded in writing, refuse him
such access, if in its opinion such records are not strictly
relevant to the case or it is not desirable in the public
interest to allow such access. After the written statement
is received or if no such statement is received within the
time allowed, the authority referred to above may, if it
is satisfied that a formal enquiry should be held into the
conduct of the Government servant, forward the record
of the case to the authority or officer referred to in clause
(b) and order that a formal enquiry may be conducted.”
8
12. A plain reading of Rule 15(2)(a) of the Kerala Civil Services
(Classification, Control and Appeal) Rules, 1960, which is
applicable for imposing major penalties specifically lays
down that the disciplinary authority or the appointing
authority or any other authority, empowered by
Government in this behalf before holding a regular
disciplinary inquiry, must record its satisfaction that there
is a prima facie case for taking action against the
delinquent employee so as to hold a formal inquiry against
him. In other words, the aforesaid rule in explicit terms
provides for recording a prima facie satisfaction for holding
a disciplinary inquiry against any delinquent employee.
13. In the instant case, no material at any stage has been
brought on record to establish that any such satisfaction
was recorded before appointing an inquiry committee and
passing of the order of termination by the Vice Chancellor
on the basis of the inquiry report. It is for this reason that
the Division Bench has allowed the writ petition after
setting aside the order of the learned Single Judge. We do
not find any flaw with the reasoning adopted by the
9
Division Bench and as such do not deem it necessary to
interfere with the judgment and order impugned herein.
14. It is a cardinal principle of law that if a statute provides for
doing a thing in a particular manner than it should be
done in that fashion only and not otherwise. Therefore,
recording of satisfaction before holding a departmental
inquiry was mandatory.
15. It may be pertinent to mention here that the respondent
had expressed his intention to resume his duties on the
expiry of the leave period, which he could not do on
account of unprecedented circumstances of his bad health
and restriction on travel due to COVID-19. The bona fides
of the respondent in this regard stand fortified by his
e-mails and the medical papers on record.
16. In the above facts and circumstances, we do not find any
merit in the petition and do not deem it necessary to
exercise our discretionary jurisdiction under Article 136 of
the Constitution.
10
17. The Special Leave Petition is accordingly dismissed with
observations as above.
……………….………………………….. J.
(PAMIDIGHANTAM SRI NARASIMHA)
………….……………………………….. J.
(PANKAJ MITHAL)
NEW DELHI;
SEPTEMBER 04, 2024
11