- (1.) Heard learned Counsel for the parties.
(2.) The petitioner was working on the post of Assistant Engineer & T.A. To Executive Engineer City-I, Rajasthan State Electricity Board (RSEB) in 1993. According to the petitioner, in 1993, he suffered serious illness which was later discovered as Chronic Gastritis Cervical L.N. Tuberculosis. Due to that reason, the petitioner was bedridden and was taken to Mumbai also. According to the petitioner, he applied for leave on medical grounds from 17.12.1992 to 21.7.1993. Copy of leave application has been placed on record as Annex. 1. Said leave application of the petitioner was processed by the RSEB and was sent to the Accounts Officer (EA) and the leave application was duly recommended by the Executive Engineer, City-I vide letter dated 18.6.1994. According to the petitioner, the Superintending Engineer was the competent authority to sanction the leave and he passed the order sanctioning leave of the petitioner and copy of that order dated 11.7.1994 is Annex. 5. In that way, ex-post facto sanction of leave for 177 days as PL w.e.f. 17.12.1992 to 11.6.1993 and 40 days half pay leave w.e.f. 12.6.1993 to 21.7.1993 was granted by order dated 11.7.1994. However, the order dated 11.7.1994 was all of sudden cancelled vide order dated 20.11.1997 (Annex. 6) and it was cancelled without opportunity of hearing to the petitioner and in gross violation to the principles of natural justice.
(3.) It is submitted that the petitioner was granted all monetary benefits for which he was entitled to in view of sanction of 217 days referred above. In the writ petition, the petitioner prayed for quashing of the order dated 20.11.1997 (Annex. 6) by which he has been conveyed that the sanction of leave by the Superintending Engineer for 217 days has been cancelled. The petitioner also prayed for quashing of any recovery order if passed in view of the cancellation of sanctioned leave of 217 days. However, the petitioner's prayer for interim order was dismissed by the order dated 25.4.1998.;