JUDGMENT :

Rajiv Sharma, J.

Petitioner was appointed as Assistant Engineer in the respondent-Board in the year 1983. He was promoted as Assistant Executive Engineer on 11.04.1989. Thereafter, he was promoted as Sr. XEN in the month of September, 2002. He was admitted in I.G.M.C. on 04.06.2005. He was discharged on 16.06.2005. The fitness certificate was issued to him on 23.07.2005. He joined his duties on 25.07.2005. He submitted an application for sanctioning the leave to the Controlling Officer, which was duly sanctioned. He was also reimbursed the medical claim. He developed pain in the chest on 30.07.2005 and was rushed to I.G.M.C. on 30.07.2005.

1. He submitted leave application along with station leave to the Director (Commercial). He was directed by the Chief Engineer (Commercial), HPSEB, Shimla to appear before the medical Board to be constituted by the C.M.O., Shimla on 25.08.2005 and 07.09.2005. He was also sent telegrams on 30.09.2005, 20.10.2005 and 02.12.2005. He also took treatment from Pt. B.D. Sharma PGIMS, Rohtak. He was placed under suspension on 21.01.2006 vide Annexure P-4. He obtained Annexure P-5, dated 18.02.2006 from I.G.M.C., Shimla. It was certified vide Anne