UNION OF INDIA Vs. N N MISHRA

JUDGEMENT

(1.) The respondent, in this appeal under Clause X of the Letters Patent, joined the Central Reserve Police Force (for short the,CRPF) as a Constable sometime in 1964. He was subsequently appointed as a Lower Division Clerk in 1967. He worked in several stations and in May, 1971 he was transferred to Avadi near Madras city.

(2.) On 5th July, 1971 he applied for earned leave for the period from 12th to 26th July, 1971. This leave was not sanctioned to him. The respondent then applied for casual l6ave on 22nd July, 1971 for attending to some urgent work in Madras. Even though no decision was communicated to him on this application, the respondent proceeded on leave on 22nd July, 1971 and returned back to Avadi the same evening. The next day, that is, 23rd July, 1971 he again applied for casual leave for a day since he was not well. He did not turn up for his duties on that date and rejoined on 24th July, 1971.

(3.) On 26th July, 1971 the respondent was issued a memorandum wherein it was stated that he had availed two days' earned leave (for 22nd and 23rd July, 1971) without prior sanction. The respondent replied to this memorandum stating that he had taken casual leave and not earned leave.