Judgment

Arijit Pasayat, J.—Heard learned counsel for the parties.

Leave granted.

2. Appellants call in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court dismissing the appellant’s writ petition CWP No. 2965 - CAT of 2003. Appellants had questioned correctness of the order dated 27.11.2002 passed by the Central Administrative Tribunal, Chandigarh Bench (in short ‘CAT’) in OA No. 124/HK/2001.

3. Background facts in a nutshell which are essential are as under :

Respondent joined service as Principal in the appellant-Kendriya Vidyalaya Sangathan. In December 1996 he applied for sanction of earned leave with permission to go abroad. He sent letter dated 6.3.1997 for grant of permission and sanction of leave from 10.3.1997 to 7.7.1997. His application for leave was rejected by appellant No. 3 vide telegram dated 13.3.1997. His request for permission to go abroad was also declined by the Commissioner, Kendriya Vidyalaya Sangathan, New Delhi (appellant No. 2 herein) vide letter dated 17.5.1997 on the ground that disciplinary proceedings were contemplated against him. Respondent No. 1 did not report back for duty till 2.7.1997. In the meanwhile,