Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THE petitioner was appointed as Assistant Sub-Inspector (Executive) in the department of Central Industrial Security Force vide order dated 18th May, 1976 passed by Inspector General, Central Industrial Security Force on probation for a period of two years. It is alleged by the petitioner that on account of personal work he had to go to his ancestral home as such he applied for casual leave w.e.f. 1.2.1985 to 8.2.1985 suffixing 9th and 10th of February, 1985 which was granted with permission to leave the station. It is stated that unfortunately he fell ill and could not report back for duty, hence in the circumstances he informed the competent authority about his illness and also supplied for extension of his leave on 13.2.1985 through registered letter dated 13.2.85 addressed to the Commandant, C.I.S.F. (Admn.) Jeal Gora which was delivered on 16.2.85.
(3.) IT is submitted that as the petitioner had to further extend the leave he sent another application dated 5.3.85 requesting for medical leave for period of 25 days. Since he did not recover from the ailment during this period as such he again asked for extension further for 40 days of medical leave from 11.6.85 to 18.7.85. In the meantime, he received two letters by which the competent authority refused to extend the leave applied for by the petitioner. After recouping from his illness the petitioner submitted his joining report alongwith fitness certificate but it is alleged that he was not permitted to join the duty by the respondents.;