B.N. Agrawal and N. Rai, JJ.

Heard learned counsel for the petitioner and State.

2. This writ application has been filed for quashing the order dated 31.12.1987 contained in Annexure 3, passed by respondent-Executive Engineer, whereby he has passed an order for dismissal of the petitioner purporting to act under Rule 76 of the Bihar Service Code, and the order dated 7.7.1990, contained in Annexure 5, passed by respondent Managing Director affirming the same.

3. Undisputedly, Rule 76 of the Bihar Service Code has been declared to be invalid by a Division Bench of this Court in the case of Sobhna Das Gupta Vs. State of Bihar (1973 B.B.C.J., 202 : 1974 PLJR 382). Under that rule, a Government servant who remains absent for a period of five years or more shall cease to continue in Government employment. It appears that the petitioner absented from duty without any leave for a period of about 19 years. It is stated that the petitioner submitted his joining on 12.1.1987 but the authority instead of accepting the petitioner's joining passed the impugned order, contained in Annexure 3 dismissing him from service. In the case of Sobhna Das Gupta (supra), while declaring Rule 76 to be inva