IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1127 of 2011 In Civil Writ Jurisdiction Case No. 1188 of 2009 ====================================================== Ajoy Kumar, S/o Ram Sagar Mahto, R/o Village- Kamala, P.O.- Maujhaul, P.S.- Cheria Bariyarpur, Distt.- Begusarai. .... .... Petitioner/Appellant Versus 1. The State of Bihar through the Secretary-Cum-Commissioner, Department of Health and Family Welfare, Govt. of Bihar, Patna 2. The Joint Secretary, Department of Health, Government of Bihar, Patna 3. The Director-In-Chief, Department o f Health, Government of Bihar, Patna 4. The Superintendent of Patna Medical College & Hospital, Patna 5. The Principal, Patna Medical College & Hospital, Patna 6. The Civil Surgeon-Cum-Chief Medical Officer, Purnea 7. The Additional Secretary, Department of Health, Government of Bihar, Patna .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Subodh Prasad Mr. Sushil Kumar Singh, Advocates. For the Respondent/s : Mr. Pushkar Narain Sahi, AAG 14 with Mr. Ritesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 21-09-2011 Feeling aggrieved by the judgment and order dated 21st June 2011 passed by the learned single Judge in above CWJC No. 1188 of 2009, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant, a Medical Officer in the State Health Service, applied for permission to pursue further study. No Objection Certificate in respect of the appellant pursuing the Ph.D. course was granted on 18th May 1990. Pursuant to the said No Objection Certificate, on 15th September 1991, the appellant applied for study leave commencing from 5th March 1992 till he completed his Ph.D. course. Admittedly, the said application was Patna High Court LPA No.1127 of 2011 (4) dt.21-09-2011 2 / 2 2 not processed. Neither the appellant’s application for study leave was granted nor was refused. Nevertheless, on 5th March 1992 the appellant handed over the charge and proceeded for further study. According to the appellant he completed his Ph.D. course in 1998. But, for the failing health, he could not resume the duty till 2001. After joining the duty, he was given posting. Since his joining in 2001 a disciplinary proceeding was initiated against the appellant for remaining absent without leave for the period from 5th March 1992 till 29th October 2001. Under order dated 11th November 2008 he has been dismissed from service. The challenge to the said order before the learned single Judge in above CWJC No. 1188 of 2009 has failed. Therefore, the present Appeal. Admittedly, the appellant proceeded for further study on 5th March 1992 and did not report for duty until 29th October 2001. It is a matter of record that his leave application was not sanctioned. The appellant did remain absent from duty since 5th March 1992. After completion of Ph.D. course he did not report for duty right away; nor did he apply for leave on medical grounds. He remained absent till 29th October 2001. In view of his long absence from service, the dismissal of the appellant from service was justified. The learned single Judge has rightly relied upon Rule 76 of the Bihar Service Code and has rightly refused to interfere in the matter. No case for interference is made out. The Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)