ORDER

Leave granted. We have heard the counsel on both sides.

2. This appeal by special leave arises from the order of the High Court of Punjab & Haryana made on March 9, 1994 in R.S.A. No. 114/93. The respondent, a work charged employee, had gone on leave from April 10, 1986. His service was terminated due to his overstay without due sanction of leave. A letter dated September 3,1986 was communicated to him wherein it was stated that 10 days time from August 25, 1986 was given to him to report for duty failing which his services "may be considered to have been terminated from the date of his absence and he may be informed accordingly through a registered letter". In furtherance thereof, the letter of termination was addressed to the respondent. He filed the suit questioning the said letter.

3. Two contentions have been raised by the respondent, viz., that he was a civil servant and that he was entitled to an enquiry before termination of his service and since it was not done, the order was invalid. He also stated that he had gone on leave with permission of the authorities and that, therefore it cannot be said that he absented without authority of absence. We find that both the cont