JUDGMENT

Aftab Alam, J. —

1. Delay condoned.

2. Leave granted.

3. The respondent, a veterinary surgeon, was in the service of the State Government of Uttar Pradesh. On December 23, 1991, he made an application for no-objection certificate for obtaining visa for going to the United States of America. The no-objection certificate was granted to him. He then made an application on September 30, 1993 for grant of earned leave from October 4, 1993 to November 2, 1993. The leave was granted to him on November 8, 1993. He left for the USA on October 3, 1993, but did not join his duties even after his leave was over. Instead, he kept on sending applications for extending the leave. Finally, he came back to India and joined the service on June 1, 1995. He again left for the USA on the ground that his wife was unwell, once again sending applications for leave. He came back to India in the year 1999 and, according to him, joined his duties on November 22, 1999.

4. He was put under suspension on March 22, 2000, and a charge-sheet was given to him on April 10, 2000. He was subjected to a disciplinary proceeding on two charges, one, going abroad without taking permission from the Government and