DUSHYANT BABUBHAI RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard Mr D G Chauhan, learned counsel for the appellant. The appellant filed writ petition challenging the dismissal order dated 25.10.2006 passed by the respondents in Special Civil Application No.6995 of 210. The learned Single Judge has dismissed the writ petition on the ground of delay.

(2.) THE facts in brief are that the appellant was working as Assistant Engineer (Civil) in the Roads and Buildings Department of the State Government and had worked for about 23 years. THEreafter he made application on 26.2.2001 to sanction leave from 19.4.2001 to 1.7.2001 as he wanted to go abroad. Leave was granted by the authority. THEreafter instead of joining, the appellant moved another application for extension of leave from 2.7.2001 to 16.2.2002 on some personal grounds. THE application was forwarded by the respondent to the higher authority for sanctioning leave for 231 days. On 12.2.2002 another application was made by the appellant to grant leave on half pay on the ground of ailment of his wife from 12.2.2002 to 12.5.2002. THE petitioner did not report for duty and all throughout he was in America. Since the appellant was absent without any sanctioned leave, on 23.9.2004, a charge sheet was issued to him. THE appellant on 24.12.2004 sought time for filing reply. But the respondent did not grant time. THEreafter departmental proceedings were initiated and the charges were found to be proved against the appellant and on the basis of inquiry report, the appellant was dismissed from service by the respondent on 25.10.2006.

(3.) SIMILAR view has been taken by the Apex Court in Sate of Orissa v. Mamata Mohanty (2011) 3 SCC 436 in paras 52 to 54 as under: