P. B. MUKHARJI, J.

( 1 ) THIS is an application by Anil Nath De for a writ of mandamus or certiorari in respect of an order of the Assistant Collector of Excise, dated the 16th April, 1956 and an order of the Collector of Central Excise, dated the 7th May, 1956.

( 2 ) THE petitioner was a temporary Upper Division Clerk. He was transferred to Kalimpong in June 1949 in the normal course. Ha applied thereupon for leave on the ground of illness. The Assistant Collector of Central Excise, Kalimpong directed him to appear before the Staff Surgeon for medical examination. On examination the petitioner was found fit to carry out the duties and to join the duties on the 11th July 1949. But instead of joining his duties the petitioner applied on the 12th July, 1949 for an extension of leave for three more weeks. He was again medically examined by a Staff Surgeon on the 2nd December, 1949, when this time the Staff Surgeon found him unfit to resume his duties. It was however found on the scrutiny of the service book and the leave account of the petitioner that he had exhausted all the leave that was due to him and the extraordinary leave granted to him exceeded 90 days on the 11th October, 1

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