NIRANJAN GOWDA Vs. DIRECTOR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned counsel for the respondents lead by the learned Senior Counsel. The facts in brief are:-

(2.) The petitioner is the holder of degree in M.D. Pathology from the Mysore Medical College and he has joined the services of the first respondent-hospital as a lecturer in Pathology in January 1997. That in the subsequent years, he came to be promoted as an Asst. Professor. It is submitted that the petitioner had been serving as the head of department of Pathology at the first respondent-hospital, an autonomous body under the Health and Family Welfare Department.

(3.) The petition is resisted by respondents 1 and 3. It is contended that the writ petition is not maintainable and that the first respondent-Institute is a autonomous body functioning with the aid of grants issued by the Karnataka State Government and is supervised by the Ministry of Health and Family Welfare. That the petitioner reported to duty on 27.01.1997 and after two years the probationary period was declared as satisfactory on 26.1.1999 and subsequently he was promoted as Assistant Professor and HOD with effect from 7.11.2008. That it is the Institute which permitted him to appear for certified tissue bank specialist examination held at Florida (USA) and was keen on setting up Tissue and Bone Bank in the Institution. That subsequently during his visit to the USA for the aforesaid purpose, he applied for extension of leave by 4 to 5 weeks by citing the reason of natural calamities like hurricane and he unauthorisedly over stayed in USA for 92 days beyond the permitted period. That the said 92 days was treated as unauthorized absence. That on the request of the petitioner, the third respondent, Director of the Institution, himself took the decision to place the issue regarding unauthorized absence of the petitioner before the Governing Council wherein in the meeting, the Governing Council took the decision to treat the said 92 days of unauthorized absence of the petitioner as the extraordinary leave.