1. Heard counsel for the parties.

2. This writ application is directed against the order, as contained in Annexure 1, issued vide memo no. 2316 dated 5.10.1998, whereby and whereunder the petitioner has been dismissed from services on account of his absence from service in exercise of powers under Rule 76 of the Bihar Service Code (hereinafter to be referred to as "Code").

3. It is submitted by learned counsel for the petitioner that the petitioner remained absent from service from 6.1.1989 to 15.6.1997 on account of his wifes protracted illness and after recovery of the petitioners wife from the ailment, the petitioner joined on 16.6.1997 and applied for sanction of leave for the period of absence, as referred to above, and the authorities concerned allowed the petitioner to function in anticipation of final approval of the apex body and, ultimately, by the impugned order dated 19.8.1998, he was dismissed from services.

4. The order impugned is being assailed only on the ground that the power, as envisaged under Rule 76(b) of Code has not properly been exercised, inasmuch as that there was no proceeding, whatsoever, in terms of the provisions under the Civil Services (Clas