V.K. Sharma, Judge

The petitioner was working as Physical Training Instructor (PTI) in the respondent-Department. At the relevant time he was posted in Government Senior Secondary School, Virgarh (Shimla), when vide order dated 18.3.1994, he was transferred to Government Middle School, Bosari (Rohroo), District Shimla. He allegedly left the school on 31.3.1994 after getting station leave sanctioned and did not report for duty on 2.4.1994 and even thereafter up till 25.4.1994. In such circumstances on 19.4.1994 he was relieved in absentia. However, he joined the new place of posting in Government Middle School, Bosari only on 13.6.1994 i.e. after 55 days of relieving from Government High School, Virgarh. Thus, the allegation against him was that he remained willfully absent w.e.f. 2.4.1994 to 12.6.1994 i.e. for 72 days for which he was required to apply for the leave of the kind due. But inspite of repeated requests he refused to apply for leave and instead filed O.A. No. 2207 of 1998 before the erstwhile HP State Administrative Tribunal which was disposed of vide order dated July 13, 2001, Annexure A-4, operative part whereof is as under:- “The small controversy involved