JUDGMENT

Nanavati, J.-Himachal Pradesh Horticulatural Produce Marketing & Processing Corporation Ltd. (for short HPMC) has filed this appeal against the order passed by the Himachal Pradesh Administrative Tribunal in O.A. No. 74 of 1993.

2. The respondent was an employee of HPMC. On 1.5.1990 he applied for long leave but was allowed to remain on leave till 30.11.1990 only. On 26.11.1990 he applied for voluntary retirement effective from 30.11.1990 and also requested for waiver of notice period of three months. Without ascertaining what happened to his request he did not report for duty on 1.12.1990 and continued to remain absent thereafter. Earlier on 12.12.1989 a chargesheet was issued against him for certain acts of misconduct. On 26.12.1989 he filed a reply to the said chargesheet. Again on 27.8.1992 and 18.9.1992 he was served with two more chargesheets. While the chargesheet dated 27.8.1992 was in respect to his unauthorised absence from 1.12.1990 the other was in respect of his acts of misconduct. Thereupon, on 30.9.1992 he approached the Tribunal challenging the two memos dated 27.8.1992 and 18.9.1992 whereby departmental enquiries were proposed to be conducted against him and