- (1.) WE have heard both the sides.
(2.) THE petitioner had sought medical leave for a period of 40 days from 21.11.2004 to 30.12.2004, which has been refused and the period has been treated to be unauthorised absence from service by the impugned letter of the bank dated 10.3.2005. It has also been directed by that letter that the salary for this period should be deducted with all consequential effect. The petitioner was posted at Chandausi, District Moradabad with the respondent-Bank of Baroda. He belongs to District Auraiya, which was earlier part of Etawah District. The petitioner had gone on 5 days privilege leave to his home town. According to the petitioner's case, while returning, the petitioner became unconscious at the Railway Station Etawah and because of this the petitioner undertook medical treatment and investigation at Etawah and then at Agra at a hospital approved by the respondent-bank. Fortunately, no major health problem was diagnosed and the petitioner resumed his duties on 30.12.2004.
(3.) UNDER the Regulations of the bank, medical leave is permissible under Regulation 34. The period of medical leave permissible is 30 days for every completed year of service. It is not disputed by the bank that the petitioner was not entitled to medical leave of 40 days, according to the said Regulation.;