IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2696 of 2010 1. SATYA NARAYAN S/O LATE DAGDHU PRASAD R/O VILL.- NARHI, P.O.- GANGA PRASAD, P.S.- SAHABGANJ, DISTT.- SAHABGANJ ( JHARKHAN ) Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, WATER RESOURCES DEPTT. GOVT. OF BIHAR, PATNA 3. THE ADDITIONAL SECRETARY, MANAGEMENT, WATER RESOURCES DEPTT. GOVT. OF BIHAR, PATNA 4. THE ACCOUNTANT GENERAL (A & E), BIHAR BIR CHAND PATEL PATH, PATNA ----------- 2/ 24/08/2010 Heard learned counsel for the petitioner and learned counsel for the State as also for respondent Nos.1 to 3 and 4. The only issue in this case is whether the period between 19.8.2008 and 12.2.2009 is to be treated as medical leave or is to be adjusted against the earned leave. The impugned order dated 20.8.2009 does not spell out any reasons for the same. Learned counsel for the State from the counter affidavit at paragraphs-6 and 7 submits that the petitioner had gone on leave and his proceeding on leave on medical grounds on the very date of joining was considered abnormal. The question whether the petitioner was on leave due to medical grounds or not is a question of fact. It either has to be believed or disbelieved by the - 2 - respondents. There can be no assumptions or presumptions by them to reject his request for adjusting the period against medical leave. Neither the impugned order nor the statements in the counter affidavit are specific on whether his defence of leave on medical grounds was believed or disbelieved for reasons specified. The order dated 20.8.2009 in its present form is therefore not sustainable. It is set aside and the matter remanded to the respondents to pass a reasoned and speaking order in light of the present discussion preferably within a maximum period of 2 months from the date of receipt/presentation of a copy of this order. The application stands disposed. KC ( Navin Sinha, J.)