AMARESHWAR SAHAY, J. - (1.) HEARD Mr. Saurav Arun, learned Counsel for the petitioner and Mrs. M.M. Pal, learned Counsel for the respondent Bank.
(2.) THE petitioner prays to quash the order dated 09/02/1994 (Annexure -6) passed by the Respondent No. 2, the Chairman, Ranchi Kshetriya Gramin Bank, whereby the salary paid to the petitioner during the period from 06/02/1991 to 25/06/1991 has been ordered to be recovered. The petitioner has also challenged the order dated 07/04/2003, passed by the Chairman, i.e. Respondent No. 2, contained in Annexure -11 to this writ petition, whereby the representation filed by the petitioner has been rejected and the order passed earlier on 09/02/1994 (Annexure -6) has been affirmed. The claim of the petitioner is that he met with an accident near a temple on Ranchi -Hazaribagh road at Kokar on 05/02/1991 and got fracture injuries. On medical advice, he was bed ridden till 25/06/1991. After recovery from his illness he filed an application for grant of special leave for the period of his absence, i.e. from 06/02/1991 to 25/06/1991 before the Chairman. By order contained in Annexure -6 dated 09/02/1994, the petitioner was informed that pursuant to the decision taken by the Board of Directors in its meeting held on 13/12/1993, the application for special leave as requested by the petitioner was not sanctioned and the period 06/02/1991 to 25/06/1991 would be treated as extra ordinary leave without salary.
(3.) THE petitioner challenged the said order dated 09/02/1994 before this Court by filing CWJC No. 81/19994 (R) and this Court by order dated 19/08/2002 contained in Annexure -8 to this writ petition, held that the petitioner's absence for he aforesaid period, i.e. 06/02/1991 to 25/06/1991 without any prior permission of leave should be construed as an unauthorized absence and the writ petition was dismissed with observation that if excess amount have been ordered to be recovered there is no illegality.;