R S RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard Mr. Japan V Dave, learned counsel for the . appellant. This Letters Patent Appeal has been filed challenging the order dated 19/07/2012, passed by the learned Single Judge in Special Civil Application No. 9931 of 2012. Brief facts of the case as that, the appellant ­ original petitioner was serving as Typist in the respondentDepartment at Rajpipla. The appellant ­ original petitioner applied for leave for the period from 16/11/2004 to 08/07/2005 for visiting his ailing wife who was undergoing treatment in U.S.A., which was granted. Pursuant thereto, the appellant ­ original petitioner left for U.S.A. However, he did not resume his duties after the leave period expired on 08/07/2005. He sought extension of leave by application dated 13/06/2005. Thereafter, the appellant original petitioner made applications seeking extension of leave. In the meantime, it appears that the appellant ­ original petitioner was permitted to resume the duties on 07/10/2005 and was later transferred to some other place. Respondent no.2 sent a communication dated 13/04/2006 to the appellant ­ original petitioner at his residential address at Jambusar asking him to report for duty within 30 days at the transferred place. A showcause notice was also issued to the him at his Jambusar address. Thereafter, vide impugned order dated 21/09/2007, the appellant ­ original petitioner was dismissed from service. The said order was affirmed by communication dated 11/11/2010 addressed to the respondentauthority.

(2.) THE learned Single Judge has considered the argument of the petitioner and material on record and arrived at the finding, which is recorded in Para 3 and 4 of the judgment, which are extracted below: