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2006 Supreme(SC) 146

LOKESHWAR SINGH PANTA, B.N.SRIKRISHNA
S. C. SAXENA – Appellant
Versus
UNION OF INDIA – Respondent


ORDER

1. This is a case of a recalcitrant government servant who thinks that leave ought to be granted to him as of right, because the Government, in its magnanimity, has permitted government servants to accumulate unduly large amount of leave under the Rules.

2. The appellant was employed as an Upper Division Clerk in the Intelligence Bureau. Between 14-2-1989 to 16-2-1989, he remained absent and claimed that he had telephonically conveyed information to the Section Officer about his inability' to attend work on account of illness. By a memorandum dated 16-2-1989/17-2-1989 the appellant was considered as being unauthorisedly absent from duty and was extended the courtesy of the said memorandum served by home delivery. As a consequence, the appellant was issued a warning on 2-3-1989 warning him to abstain from taking leave frequently and advising him that he should get over the habit of taking leave frequently in future because of which office work suffered. He was also warned that otherwise disciplinary action would be taken. As expected, the appellant made a representation against the said warning but his representation came to be ignored.

3. On 6-7-1989 the appellant was transferr






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