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2006 Supreme(Pat) 558

Pramod Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: M/s. Ashok Kumar Chaudhary & Anshu Dhar Sharma.
For the Respondents: Mr. Jitendera Singh.

JUDGMENT

V.N. SINHA, J.:-Heard learned counsel for the Petitioner and the Respondents.

2. Petitioner, who served as Librarian in the Bihar State Credit & Investment Corporation Ltd. (hereinafter referred to as "the Corporation"), has filed this writ petition assailing the order dated 6.11.2004, Annexure-10, whereunder the Managing Director of the Corporation has held him guilty of the charges of continued unauthorized absence for more than 35 days as also of non cooperation in the departmental proceeding and has proceeded to terminate his services by resorting to the powers contained in Rule 71 (vi) of the Service Rules of the Corporation, which inter alia empowers the appointing authority to terminate the services of the employees of the corporation for unauthorised continued absence exceeding 8 days without intimation or sufficient cause.

3. Petitioner was initially appointed as an Incentive Clerk in the Corporation on 15.9.1982 and was promoted to the post of Librarian vide order bearing Memo. No. 2116 dated 8.10.2002 and was also sent on deputation but his services was returned to the Corporation vide office order No. 922 dated 22.9.2004. Petitioner applied for Earned leave of 20










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