IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16560 of 2009 1. RAGHUNATH PRASAD S/O LATE BISHWANATH RAM R/O VILL.- MASUDANPUR, P.O.- KASHDIH, P.S.- KAHALGAON, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE SECRETARY ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA 3. THE PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, BIHAR, PATNA 4. THE ACCOUNT GENERAL BIHAR, BIRCHANDRA PATEL MARG, PATNA 5. THE JOINT SECRETARY ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA 6. THE DEPUTY SECRETARY (VIGILANCE) ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA 7. THE DEPUTY SECRETARY URBAN DEVELOPMENT DEPARTMENT, BIHAR, PATNA 8. THE MUZAFFARPUR REGIONAL DEVELOPMENT AUTHORITY (SINCE DISSOLVED) THROUGH THE COMMISSIONER, MUNICIPAL CORPORATION, MUZAFFARPUR 9. THE SUPERINTENDENT ENGINEER NATIONAL HIGHWAY CIRCLE, ROAD CONSTRUCTION DEPARTMENT, PURNEA ----------- 2. 13.01.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The issue of the leave of the petitioner falls into two parts. The first relates to a period prior to 8.8.2005. The second relates to the period 8.8.2005 to 15.12.2005. He claims to have made applications for leave and urges a defence for his absence. The latter period between 8.8.2005 to 15.12.2005 is stated to have been sanctioned on 10.4.2005. It has subsequently been cancelled on 27.7.2009. The petitioner assails the cancellation. Counsel for the State from Annexure 18 to the writ application submits that the file noting annexed by the petitioner itself states that he may be issued show cause before cancellation orders be issued. The petitioner has now been subjected to departmental proceedings for his alleged unauthorized absence. There is no occasion for this Court to interfere at this stage prematurely. All issues whether leave was sanctioned including whether the cancellation was in accordance with law etc are matters to be appropriately raised and decided in the departmental proceeding itself. The application stands disposed. Snkumar/- (Navin Sinha,J.)