IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6584 of 2009 DR.BIJAI KUMAR BHARTI . Versus THE STATE OF BIHAR & ORS . ----------- 3 19.3.2010 Heard counsel for the petitioner and the counsel appearing for the State. Counter affidavit has been filed on behalf of the State and reply to the counter affidavit on behalf of the petitioner. The petitioner while posted as Medical Officer, T.B.Centre at Jehanabad proceeded on casual leave from 4.9.2008 to 6.9.2008 for treatment of his minor handicapped son. On account of continued treatment petitioner had to extend his leave up to 29.10.2008. Finally he joined his duty 2 on 30.10.2008. The District Magistrate, Jehanabad on account of petitioner’s wrong absence stopped payment of his salary vide order contained in letter No. 2912 dated 24..9.2008. The period during which the petitioner had remained absent was treated as unauthorized absence. Petitioner’s grievance is that the letter issued by the District Magistrate, Jehanabad was completely without jurisdiction as his controlling authority being the Civil Surgeon, Jehanabad, had already recommended for adjustment of his leave towards earned leave and to make payment of arrears of salary for the period September, 2008 to April, 2009. 3 In the counter affidavit filed by the State the plea which has been taken that the application for leave from 10.11.2008 to 21.1.2009 was not filed in prescribed format. I find this statement is very strange, as these are such technicalities, can be removed easily. Petitioner could have been directed by the respondent authorities to reapply on a prescribed format. Counsel for the petitioner submits that during the pendency of the writ application, he has been paid his arrears of salary for the period September, 2008 to April, 2009. He is also being paid his current salary. The period of leave from 4.9.2008 to 6.9.2009 has duly been adjusted. Only a leave 4 from 10.11.2008 to 21.1.2009 has not been credited in his earned leave account. This application is being disposed off directing the respondent no.3 the Civil Surgeon-cum-Chief Medical Officer, Jehanabad for passing necessary orders for adjustment of petitioner’s leave towards his earned leave for the period 10.11.2008 to 21.1.2009. The necessary orders must be passed within six weeks from the date of his production/communication of this order. (Mridula Mishra,J.) A.Kumar