AMARESH KU.SINGH, J. - (1.) HEARD the learned Counsel for the appellant and the learned Counsel for the respondent.
(2.) THIS appeal is directed against the judgment dated 23rd July, 1996 passed by the learned Single Judge in S.B. Civil Writ Petition No. 2853/1987. By the aforesaid order the learned Single Judge allowed the writ petition filed by the respondent Dr. Mahaveer Chand and quashed the order dated 5th May, 1986 passed by the appellant under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as the Rules of 1958). The facts necessary, for the disposal of this appeal may be summarised as below: The respondent -petitioner Dr. Mahaveer Chand is an employee of the State Government of Rajasthan. In the year 1981 he was serving as Lecturer in the Department of Psychiatry in S.N. Medical College, Jodhpur. He liked to visit foreign countries and applied for passport. The State Government was requested to issue a 'No Objection Certificate', which was granted subject to the conditions that the applicant would proceed only after getting the sanction from the competent authority; he would not extend his leave without the prior approval of the Government; he would not undertake any study while abroad; he would not join foreign assignment while abroad and his resignation from abroad shall would not be accepted and no foreign exchange would be made available through any Government Channel. The respondent obtained the passport and proceeded to visit foreign countries. In the first instance, he was granted six days Privileged Leave w.e.f. 12th October, 1981 to 17th October, 1981. Later on, the respondent applied for six months leave without pay by submitting an application in the prescribed form. The leave applied for was granted by the State Government vide letter dated 24th December, 1981. The respondent moved another application for grant of further leave for the period from 18th April, 1981 to 17th October, 1982. This application was also granted by the State Government vide order dated 27th April, 1982. The respondent did not join his duties and moved another application for leave for the period from 18th October, 1982 to 17th April, 1983. This application was allowed and leave was granted to him vide order dated 16th December, 1982. The endorsement made on the copy of the order dated 16.12.1982 (Annex 6} was to the effect that future leave would be considered on returning from abroad. No further leave was granted to the respondent subsequent to 16th April, 1982. The respondent remained outside the country and moved applications for further, but no further lave was granted to him. He returned to India and resumed his duties on 19th May, 1984. He was placed under suspension vide order dated 6th December, 1983, and therefore, on 19th May, 1984 when he reported for duty, he was treated as under suspension. The suspension order was recalled vide order dated 15th March 1985 and w.e.f. 15th March, 1985 the applicant continued to work on his post. On 16th August, 1985 an order was passed to the effect that the respondent would be deemed to have remained under awaiting of posting orders from 15th March, 1985 to 5th April, 1985. In the same order, it was further observed that the respondent shall be treated as on duty during the period from 15th March, 1985 to 5th April, 1985 and that is pay and allowances will be regularised in accordance with Rule 25 of the Rules.
(3.) THE respondent applied for leave from time to time, but leave was not granted. The State Government commenced an inquiry against the respondent under Rule 16 of the Rules of 1958. The Memorandum, Statement of allegations and charge -sheet was served on the respondent. He submitted his reply and a departmental inquiry under Rule 16 of the Rules of 1958 was conducted by the Commissioner, Departmental Enquiries, Jaipur.;