MOHD. HANIF Vs. STATE

JUDGEMENT

(1.) The petitioner--Mohd. Hanif was appointed as LDC in Collectorate, Dungarpur on 21/5/1975 and after sanction of leave of 117 days for the period 21/6/1982 to 15/10/1982 visited Kuwait and, thereafter, did not report for duty for long period of four years approximately and, therefore, the respondent District Collector Dungarpur passed an order dated 23/1/1984, which is impugned in the writ petition, invoking Rule 86 of the Rajasthan Service Rules, 1986 that on account of absence without leave for long period, the petitioner would be deemed to have resigned from service and, therefore, he was relieved from the Government service on 16/10/1983. Before passing of the said order, a notice was duly published in the newspaper on 12/12/1983 mentioned in the impugned order itself.

(2.) Assailing the said order, the present writ petition was filed by the petitioner with the following prayer:-

(3.) The learned Single Judge of this Court allowed the writ petition on 17/11/2005 even before the reply to the writ petition was filed by the respondent State and, therefore, upon special appeal being filed against the said order of learned Single Judge dated 17/11/2005, the said special appeal--SAW No. 90/2006 was allowed by the Division Bench on 13/3/2012 and the matter was remanded back to the Single Bench.