SUNIL KUMAR PATHAK Vs. CHAIRMAN I O C

JUDGEMENT

(1.) This writ petition has been filed against the impugned order dated May 20, 1997 Annexure 1 to the writ petition by which the petitioner was deemed to have abandoned his job and his name has been struck off from the rolls of the respondent Corporation.

(2.) Heard learned counsel for the parties. We have also perused the counter and rejoinder affidavits. It is alleged in paragraph 1 of the petition that the petitioner joined the service of Indian Oil Corporation as Accounts Officer on probation after having qualified in written and interview test held on January 15, 1990. The petitioner was thereafter confirmed on the post of Accounts Officer in July 1990. He was promotes as Senior Accounts Officer in 1994.

(3.) In paragraph 5 of the writ petition it is alleged that the petitioner proceeded on earned leave to Bombay from September 11, 1995 to September 22, 1995 with prior permission of the concerned authority. However, the petitioner for unavoidable reasons could not join his duty and applied for extension of leave from September 23, 1995 to October 6, 1995. It is alleged that the petitioner joined duty on October 13, 1995 and applied for extension of leave from October 7, 1995 to October 27, 1995. This application was allowed and the petitioner worked till November 6, 1995 and received salary.