Ref:No.VIG/17923/01                                                             Date:10-5-2005

                                                         REGD with A/D.

PROCEEDINGS

            Sub:-            SIDCO – VIG – Disciplinary Action against

                        Shri.C.Mathew Paul, Senior Accountant for

                        unauthorized absence  –  Termination of service  –

                        orders issued – reg:

Ref:-     1. Leave Application dt. 9-1-2001 from Shri.C.Mathew

                Paul, Senior Accountant.

            2. This Office Letter No.PER(2)17923/2001 dt. 30-1-2001

            3. Submission dt. 31-1-01 from Shri.C.Mathew Paul.

            4. Submission dt.12.3.01 from Shri.C.Mathew Paul.

            5. Memo of charges of even nu8mber dt. 30-4-2001

            6. Show cause Notice of even Number dt. 31-5-2001

            7. Explanation dt. 1.7.01 from Shri.Mathew Paul

            8. This Office letter of even Number dt. 4.9.2001

                to Government.

            9. Govt. Letter No.21574/F2/2001/ID dt. 6.11.2001

            10. Govt. Letter No.37959/F2/01/ID dt. 15.11.2002

            11. Govt. Letter No.4285/F2/2003/ID dt. 5.11.2004

            12. This Office Notice of even Number dt. 23.12.2004.

            Shri.C.Mathew Paul, Senior Accountant while holding the post of Manager, SIDCO Sales Emporium, Thodupuzha applied for Leave Without Allowance for 5 years from 1.2.01 to 31.1.06 to go abroad (USA) seeking better employment – vide his Leave application dt. 9.1.01 cited first.  Since the Corporation was facing acute shortage of staff, his request was not acceded to and the decision of the Corporation was communicated to him vide letter No.PER(2)/17923/01 dt.30-1-01 cited second.

            Subsequently Shri.Mathew Paul – vide his submission dt. 31.1.01 cited third requested to permit him to avail 8 months Leave and as per another submission dt. 12.3.2001 cited fourth he informed that he is constrained to leave India on 13.3.2001 on the presumption that his leave would be granted in due course. 

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The action of Shri.Mathew Paul that leaving the country without getting sanction from the authorities and without getting the leave duly sanctioned was a grave misconduct and

as per Government Circular No.10432/BPE-1/95/Plg dt.20-1-1996 persons who absent  themselves     without     getting     the    leave    duly   sanctioned  should be treated as on

unauthorized absence and action should be taken to terminate their service.  In the Government Circular No.19666/L1/97/ID dt. 21.7.1997, it is ordered that ex-post facto sanction to leave will not be granted.  Shri.C.Mathew Paul being a Snior Officer should have known the rules. 

            Since Shri.Mathew Paul left the country knowing fully that his leave was not sanctioned which is grave official misconduct, a memo of charges dt.30-4-01 cited fifth was sent to him in his NewYork address by registered post which was received back undelivered with the Postal authorities remark ‘refused’.  Hence a show cause notice dt. 31.5.01 cited sixth proposing termination of his service as stipulated in Government Circular dt. 20.1.96 mentioned above was issued to him.  The explanation dt. 1.7.01 cited seventh received from Shri.Mathew Paul that he had left the country on the presumption that his leave would be granted in due course was not satisfactory.

            In the meanwhile Government called for a report vide their letter No.21574/F2/01/ID dt. 4.8.2001 on a representation from Shri.Mathew Paul requesting them to grant him 5 years LWA.  Accordingly SIDCO sent a report to Government vide letter dt. 4.9.01 cited eighth.  On getting this report, Government vide their Letter No.21574/F2/01/ID dt. 6.11.01 cited ninth informed that the request of Shri.Mathew Paul for 5 years Leave Without Allowance can not be entertained.  Subsequently Shri.Mathew Paul applied for voluntary retirement w.e.f.1.2.01 – vide his submission dt. 14.5.01.  However Government vide their letter No.37959/F2/01/ID dt. 15.11.02 cited tenth disagreed to his request for voluntary retirement and directed SIDCO to initiate action to terminate his service.  Accordingly the Corporation issued a notice dt. 19.12.2002 to Shri.Mathew Paul to show cause why his service in the Corporation should not be terminated w.e.f.13.3.01.  Instead of sending a reply to SIDCO, Shri.Mathew Paul submitted a representation to the Hon’ble Minister for Industries, Government of Kerala requesting him to direct SIDCO to drop action as proposed in the notice dt. 19.12.02. Getting a report on this from SIDCO, the Government vide their letter No.4285/F2/2003/ID dt. 5.11.2004 cited eleventh directed SIDCO  to terminate the service of Shri.Mathew Paul as per direction in Government letter No.37957/F2/01/ID dt. 15.11.2002 cited tenth and report the compliance to Government.

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            Accordingly, a registered notice dt. 23.12.04 cited twelth was sent to Shri.Mathew Paul by registered post giving him one month’s time to furnish his written explanation on the decision of SIDCO to terminate his services.  Since the explanation received from him is found not satisfactory, as directed by Government – vide their letters No.37959/F2/01/ID dt. 15.11.02 and No.4285/F2/2003/ID dt. 5.11.04 it is hereby ordered to terminate the service of Shri.C.Mathew Paul, Senior Accountant from SIDCO  w.e.f. 13.3.2001 for unauthorized absence.

                                                                                                                 Sd/-

                                                                                                MANAGING DIRECTOR.

To

Shri.Mathew Paul,

94-95,222nd St,

Apt. 5 J, Queens Village,

NewYork – 11428.

Copy to:

  1. The General Manager (F&A), Head Office
  2. The General Manager (RM&M) Ernakulam.
  3. PER(1)
  4. PER(2)
  5. PER(3)
  6. PER(4)
  7. PA to C&ED
  8. PA to MD
  9. Copy to the Principal Secretary to Government,

Industries (F) Department.    (with C/L)

vig