IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20934 of 2011 1. Rakesh Kumar S/O Sri Deo Kumar Singh R/O Village- Sarwan Bhadsara, P.S.- Bikram, District - Patna Versus 1. The State Of Bihar Through The Principal Secretary Home (Police) Department, Bihar, Patna 2. Director General Of Police, Bihar, Patna 3. Inspector General Of Police, Operations, Bihar, Patna 4. Superintendent Of Police, Special Task Force, Bihar, Patna ---------------------------------- 2. 20.12.2011 Heard learned counsel for the petitioner and the State. The petitioner, a constable is aggrieved by the order dated 13.9.2010 rejecting his explanation for absence for 73 days, directing stoppage of salary for the period to be adjusted against extraordinary leave. His appeal against the same has been held not maintainable by the Director General of Police. Learned counsel for the petitioner submits that under the Bihar Service Code extraordinary leave can be given only if regular leave is not available to a person. The impugned order dated 13.9.2010 does not state that there was no leave available to his credit before adjusting it against extraordinary leave. The next submission is that the petitioner has proceeded on 7 days casual leave when he fell ill and duly informed the authority. He furnished evidence with regard to his illness which has not been properly 2 considered and rejected by a non-speaking order why it was acceptable. The writ application is raising a pure question of fact whether other leave was available to the petitioner and whether his explanation for absence was acceptable or not. If he intimated his illness to them and took a defence on those lines, it was either to be accepted or rejected by a reasoned order. The impugned order dated 13.9.2010 is cryptic and non speaking disclosing no reasons why his defence of illness was not found acceptable. The orders dated 13.9.2010 and 3.11.2011 are accordingly set aside. The matter is remanded to the Superintended of Police, STF Bihar at Patna to pass a fresh reasoned and speaking order in accordance with law preferably within a maximum period of eight weeks from the date of receipt/production of a copy of this order. The writ application stands allowed. P. Kumar ( Navin Sinha, J.)