ORDER

R.V. Raveendran J.

Leave granted. Heard the parties.

2. The respondent is a doctor in the service of the appellant - State of Punjab. On 1.8.1991, the respondent was transferred to Makandam. The respondent joined duty on 17.8.1991, but unauthorizedly absented himself from 1.6.1992. As he was absent for nearly five years, the Health and Family Welfare Department issued a charge-sheet dated 28.5.1997 to the respondent. The two charges were : (a) absenting from duty deliberately from 1.6.1992; and (b) disobeying the orders of official superiors. An enquiry was held into the said charges. The Enquiry Officer submitted his report. In regard to first charge, the Enquiry Officer found that the respondent had, in fact, absented himself unauthorisedly from 1.6.1992 to 17.10.1997. But he accepted two explanations given by respondent and concluded that the absence was under compelling circumstances. The first explanation was that those were days of terrorism in Punjab. The second was that the respondent had sent by post an application seeking leave from 1.6.1992 to 30.12.1992 and did not receive any refusal, and, therefore presumed that the leave had been granted. The Enquiry Officer als