JUDGMENT

Harjit Singh Bedi, J. —

1. Leave granted.

2. This appeal arises out of the following facts :

3. The respondent, Shambhu Nath Das, a resident of Kolkata, who was posted as an Assistant Engineer with the appellant authority at Kolkata was transferred to Delhi. He reported for duty at Delhi and served for 7 days and thereafter took leave for 18 days from 26th March 1985 to 12th April 1985 on account of his grandmother’s illness. He did not rejoin duty thereafter but made several applications for extension of leave on medical grounds. The appellant accordingly directed him, vide order dated 12th August 1985, to appear before a Medical Board at Kolkata at 11 a.m. on that day. The Medical Board in its report opined that the respondent was physically fit and, therefore, capable of resuming duty. This information was also conveyed to the respondent vide letter dated 9th September 1985 and he was advised to report for duty immediately failing which action would be taken against him as per the rules. Despite this warning, however, the respondent did not report for duty. A Memorandum dated 17th October 1985 was also addressed to the respondent calling upon him yet again to resume dut