FAZAL KARIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant Letters Patent Appeal has been preferred against the judgment dated 21st of January, 2019 passed by a learned Single Judge of this Court in C.W.J.C. No. 1185 of 2019, titled as Fazal Karim Vs. The State of Bihar and Ors.

(2.) Having heard Mr. Yogesh Chandra Verma, learned senior advocate, who seeks reliance upon a decision of the Hon'ble Apex Court in D.V. Kapur Vs. Union of India, (1990) 4 SCC 314, we are of the considered view that the appeal only merits dismissal, inter alia for the following reasons:-

(3.) Facts are short and simple. Since 1979 the appellant was in service of the State. As an employee, in the year 1995 after due sanction, he proceeded on leave for a period of three months, effective from 10/05/1995. His prayer for extension of leave made vide communication dated 01.08.1995, stood rejected vide order dated 16.01.1996. Notwithstanding the same he failed to resume duties.