AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE petitioner who was Assistant Chief Engineer (Civil) working with Projects and Development India Ltd. (in short 'PDIL') has challenged the order dated 3.10.2002 as contained in Annexure -10 to the writ petition whereby, the Chief Personnel Officer informed the petitioner that his services stood terminated from PDIL, since he voluntarily abandoned his employment in PDIL and thus lost his lien on the post he was holding and his name has been struck off the roils of the company w.e.f. 3.10.2002 under Rule 10.0 of PDIL, Employees' (Conduct, Discipline & Appeal) Rules, 1987 applicable to him. The admitted facts which are not in dispute are that the petitioner while posted at Manmad in the District of Nasik, Maharashtra under PDIL was transferred to Sekmai Project at Imphal, Manipur in October, 2000. He was relieved to join on the transferred post on 31st March, 2001. He joined Sekmai Project at Imphal on 8.4.2001 and thereafter, left that place on 8.5.2001. As per the impugned Order dated 3.10.2002 (Annexure -10), the petitioner, while posted at Sekmai Project site, had abandoned the Project site in the 1 st week of May, 2001 without permission of Project Manager and due sanction of leave. Though one year five months time had lapsed since the petitioner unauthorizedly left site and he did not report for duty nor proper leave application with specific dates were sent by him with sufficient proof of his sickness in spite of repeated notices issued to him and, therefore, it was considered that the petitioner has voluntarily abandoned his duty from PDIL.
(3.) ACCORDING to the petitioner, he left Sekmai Project considering the explosive law and order situation there for Manmad but on way to Manmad, he fell sick and it was diagnosed that he was suffering from severe Jaundice. Further, according to the petitioner, he replied all the letters and notices sent to him for resuming his duty at Sekmai Project. He duly informed that he was not in a position to join his duty because of his illness.;