JUDGMENT

S.N. Variava, J.-Leave granted.

2. These Appeals are against a Judgment dated 4th July, 2001.

3. Briefly stated the facts are as follows:

Respondent No. 3 worked in the Research and Analysis Wing (RAW) of the Government of India from 1982 to September 1990. With effect from October 1990 Respondent No. 3 was repatriated to the State of Punjab. He did not join duty till 30th September, 1991. On 24th October 1991, i.e. 23 days later, Respondent No. 3 applies for Ex-India leave. Even before the leave could be sanctioned Respondent No. 3 leaves India and goes to England. From England he again applies for further leave. Leave is sanctioned till 10th January, 1992. Respondent No. 3 is informed that no further extension would be granted even on medical grounds. Respondent No. 3 still does not join duty. He then sends in, on 30th June, 1992, an application for voluntary retirement. However, on 19th July, 1992, he sends a telegram withdrawing his application for voluntary retirement. As Respondent No. 3 continues to remain absent he was charge-sheeted on 14th January, 1993. On 12th April, 1993 he reports for duty in the Office of the D.G.P., Punjab.

4. On 5th May, 1993 he again applies