DECISION ' The petitioner, Saadullah was recruited as Peon on 23-9-75. He was dismissed from service on 16.9-76 by the following order "services of Mr. Saadullab, Peon are hereby terminated with effect from 9.8-76 A. N. Due to long wilful absence from duty."
2. The petitioner has challenged the above order by filing this petition. He says that he became sick and he sent applications duly supported by medical certificates far leave from 9.8-76 to 4.10-76 that he came to join duty on 5-10-76 but the order of dismissal was handed over to him. He says that neither any charge-sheet was framed against him nor any inquiry was held.
3. The above allegations have not been controverted. The absence for more than ten days without leave constitutes misconduct as defined in Standing Order No, 15(3). In order to impose punishment on the petitioner it was necessary for the respondent to institute an inquiry and to afford an opportunity of defence as required by para. 4 of Standing Order No,
15. As the inquiry procedure was not adopted, therefore, the dismissal order is illegal.
4. The petitioner appeared as his own witness. He said that he sent leave applications on the dates 9.8-76, 24.8-76, 17-9-76 and 18.9-76, duly supported by the medical certificates. According to him the leave applications were sent under registered cover and the postal receipts are Exhs. P-3 to P-
5. No evidence in rebuttal has been produced. I hold that the leave applications were sent by the petitioner. The respondent gas, therefore, not competent to dismiss the petitioner because he was on leave. Of course it was the discretion of the respondent to accept or reject the leave applications.
5. For the above reasons the petition is accepted and the respondent is directed to re-instate the petitioner with back benefits.