STATE OF BIHAR Vs. SUDHANSHU KUMAR SINHA

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent has been preferred by the respondent State of Bihar against the judgment and order dated 29th July, 2011 passed by the learned single Judge in CWJC No. 1412 of 2007 SUDHANSHU KUMAR SINHA SON OF PASHUPATI NATH PRASAD AND ORS V/S STATE OF BIHAR AND ORS, 2011 4 PLJR 238. The respondent-writ petitioner had joined the service of the State Government in 1974 as District Statistical Officer. While serving as District Statistical Officer, in 1989 he applied for study leave for a period of three years to pursue further studies in the United States of America (USA). He was allowed the study leave for three years from 1st July, 1989 till 30th June 1992 on condition that after expiry of the period of leave he will join the service and will serve the State of Bihar at least for a period of three years. A bond to that effect was executed by the petitioner. The petitioner, however, did not return on expiry of the period of leave; instead, weeks before the expiry of the leave, on 18th June, 1992 the petitioner informed the State Government that he was employed in USA and that his study leave be extended for a further period of three years. The State Government did not grant the said leave; nor did it reject the same in express words. Nevertheless, the petitioner did not return or report for duty. Thus, since 1st July, 1992 the petitioner remained absent from service without leave. While he was absent, under Notification dated 30th June, 1993, the petitioner and two-others were promoted as Joint Director, Statistics & Evaluation with effect from the date they reported for the duty. It is admitted that the petitioner did not report for his new assignment; his promotion, therefore, did not become effective.

(2.) On 31st July, 1995, the writ petitioner once again wrote to the Director, Statistics & Evaluation for leave for three years for medical treatment of his wife in USA. The said application was also not processed by the State Government until the leave was refused on 22nd July, 2002. In the meantime, a disciplinary proceeding was initiated against the writ petitioner for overstaying the leave period from 1st July, 1989 to 30th June 1992 and for remaining absent without leave since 1st July, 1992. The writ petitioner did not participate in the disciplinary proceeding. Eventually, his absence having been proved, under Notification dated 29th November, 2003 issued by the Government of Bihar, he was dismissed from service.

(3.) Pending the disciplinary proceeding, the petitioner approached this Court under Article 226 of the Constitution in CWJC No. 6925 of 1991 to challenge the action of the State Government in initiating the disciplinary proceeding against the petitioner. In view of his dismissal from service, under order dated 2nd September, 2004 made by this Court, the said Writ Petition was disposed of with the liberty to the petitioner to challenge the order of dismissal in appeal before the appellate authority. It appears that pursuant to the said order, the petitioner preferred appeal before the Governor of the State of Bihar which obviously has not been dealt with. Since then the petitioner has filed the above CWJC No. 1412 of 2007 to challenge the order of dismissal made against him under Notification dated 29th November, 2003.