Dismissal of Employee for 16-Year Absence deemed Abandonment of Service: Kerala High Court

The Kerala High Court, in a landmark judgment, has upheld the dismissal of an employee, B. Suresh, for his unauthorized absence extending over 16 years. The bench, comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen, delivered a decisive ruling on December 6, 2023, setting a precedent in cases of prolonged unauthorised absence from duty.

1. Suresh, previously a driver at Andaman Lakshadeep Harbour Works, had been absent from duty since 1994, citing medical reasons. The Court observed, “Abandonment of service means an act of intentionally or voluntarily abandoning service.” This statement formed the crux of the judgment which dismissed Suresh’s plea challenging his service termination.

The case, originally presented in the Central Administrative Tribunal, was brought to the High Court after the Tribunal's decision against the petitioner. Suresh argued that his prolonged absence was due to Hepatitis and subsequent paralysis, and he furnished medical certificates to support his claim. However, the High Court noted inconsistencies in the medical certificates' dates and a lack of continuous communication from Suresh to his employers during his absence.

The Court cited the principle from 'Vijay S. Sathaye v. Indian Airlines Ltd. & Others', which states, “where an employee does not join duty and remains absent for long, then such absence is required to be treated as misconduct and if such absence is for a very long period, then, it amounts to voluntary abandonment of service.”

The judgment reaffirmed the view that an employee’s prolonged absence without adequate justification or proper intimation equates to voluntary abandonment of service. In Suresh’s case, his absence from 1994 to 2011 without substantial leave requests or valid documentation led to the conclusion that he had abandoned his service.

Date of Decision: 06 December 2023

B.SURESH  VS CHIEF ENGINEER & ADMINISTRATOR,