1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2318/2002. : : Satish Kumar Sharma Vs. State of Rajasthan & Anr. : : Date of Order 30.3.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Sameer Sharma for the petitioner. Mr. Zakir Hussain, Addl.Govt.Counsel for the State. This writ petition has been filed with the prayer that respondents be directed to sanction his leave and be further directed to reinstate him on the post of Lab Assistant. The respondents in response to notice issued by this Court have filed reply to the writ petition. It is contended that petitioner, who was initially appointed as Lab Assistant on 29.10.1992, was willfully absent from duties since 25.2.1994. Petitioner was served with a show cause notice on 12.5.1995 for such absent from 25.2.1994 under Rule 86 of Rajasthan Civil Service Rules. When he did not appear to attend his duties on 16.9.1995 charge-sheet was issued to him and enquiry proceedings were held. The Enquiry Officer 2 required the petitioner to appear before him on 30.1.1999, but petitioner did not participate in enquiry. The Enquiry Officer submitted his report which was forwarded to the petitioner. Petitioner was thus given ample opportunity and finally the petitioner was dismissed from service. In view of detailed explanation given by respondents the dismissal order was passed, which has not been challenged by the petitioner before any forum know to law. The kind of relief that has been prayed for that respondents be directed to sanction leave of petitioner and reinstate him in service cannot be granted in the face of his dismissal. The present writ petition is accordingly dismissed as being misconceived. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.29.