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 days for the period between 1.10.2004 to 20.10.2004, vide application dated 30.9.2004, Annexure-1 on the ground that he was suffering from chest, waist and knee pain. In support of his claim he also appended the prescription granted by the attending phsysician dated 30.9.2004, Annexure-2. Before he could learn the result of his application dated 30.9.2004, his condition became serious on 3.10.2004 and he had to be admitted in Laxmi Nursing Home for that day with instruction that if pain further increased, he should be referred to the Indira Gandhi Institute of Cardiology immediately. Petitioner was discharged from Laxmi Nursing Home on 4.10.2004 as is evident from the bill-cum receipt issued by the said Nursing Home and is appended with the prescription dated 3.10.2004 and thereafter examined by the attending physicians of the Indira Gandhi Institute of Cardiology as an outdoor patient on 4.10.2004 when he was advised to undertake various investigations, including ECG, Blood Sugar, Cretenine, Lipid Profile and Treadmill Test with further direction to avoid exertion until investigations were completed. For Treadmill test, appointment in the Indira Gandhi Institute of Cardiology itself was fixed for 16.11.2004 as is evident from the instructions issued to the petitioner and is available at page 24 of the brief. On 4.10.2004 petitioner was also examined for his back pain in the outdoor patient department of the PMCH and was advised absolute bed rest for three weeks as is evident from the slip issued to the petitioner after his examination on 4.10.2004 by the outdoor patient department of the PMCH, which is available at page 25 of the brief. While petitioner remained under medical advice, his application dated 30.9.2004 for grant of Earned Leave for the period between 1.10.2004 to 20.10.2004 was considered and rejected as is evident from the order bearing Letter No. 1098 dated 3.10.2004, Annexure-4 with direction to join the duties without any delay. When the petitioner learnt about the aforesaid order dated 3.10.2004, Annexure-4 rejecting his appllicant for grant of Earned Leave for the period between 1.10.2004 to 20.10.2004 he again informed the Managing Director of the Corporation under application dated 5.10.2004, Annexure-5 about the state of his illness including the fact that he was admitted in the Nursing Home on 3.10.2004 and thereafter he was examined by the PMCH doctors who advised him to undertake complete bed rest for three weeks and in the circumstances he again renewed his prayer for grant of medical leave for the period between 1.10.2004 to 20.11.2004.

4. It appears, ignoring the request of the petitioner contained in his application dated 5.10.2004, Annexure-5 for grant of medical leave for the period 1.10.2004 to 20.11.2004, the authori