RAJESHKUMAR RAMUBHAI BHATIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Moxa Thakkar, learned Assistant Government Pleader waives service of notice of Rule.

(2.) WITH the consent of the learned advocate appearing for the parties, the matter is finally heard today.

(3.) THE short facts of the case appears to be that the petitioner was appointed as Range Forest Officer (RFO) in the year 1978 and thereafter he continued in service and he was also promoted on the post of Assistant Conservator of Forest (ACF) and continued to discharge the duty upto July, 2001. Thereafter, in August, 2001 he had proceeded on leave because of the ailment of his brother. He applied for leave from 06. 08. 2001 to 14. 08. 2001 and had prayed further extension of leave from time to time. It is the case of the petitioner that there was already a credit balance of the leave, whereas, as per the respondent, the leave was not sanctioned after 01. 12. 2001 and the petitioner inspite of the repeated reminders by the respondent, did not join the duty and therefore, he was treated as in unauthorized absence. Proceedings came to be initiated and ultimately vide order dated 22. 07. 2008, in exercise of the power under Rule 16 (2) of the Gujarat Civil Services (Leave) Rules, 2002 as the petitioner remained absent without leave, he was deemed to have resigned and his services are put to an end. It is under these circumstances, the petitioner has approached to this Court by the present petition.