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2011 Supreme(Pat) 960

NAVANITI PRASAD SINGH
Malti Jha – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Navaniti Prasad Singh, J.

1. The petitioner, who is a doctor and a Member of the Bihar Health Service, has challenged the order of the State Government dated 29.01.2002 (Annexure-1) by which for certain periods, it has been ordered that they would be treated as leave without pay. Counter affidavit and rejoinder are on record and the parties have been heard at length. There are three periods under consideration. The first period is from 12 of May, 1994 to 04th of July, 1995. The second period th is 12th of December, 1996 to 05th of October, 1998 and the third period is 06th of October, 1998 to 22nd of June, 2001. As noted above, all these periods have been treated as leave without pay. Ordinarily, these being essential questions of fact, this Court is reluctant to interfere in the limited judicial review jurisdiction where the fact finding authority has taken into consideration and determined question of fact especially when it is not shown that the findings are perverse or dehors materials on record but as the learned counsel for the petitioner invited the Court to go into the questions of fact on the plea of perversity of findings, this Court, though reluctantly, is deali





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