This writ appeal is preferred against the order dated 23.7.2003 in W.P.No.5259 of 1996.

V. Ramasubramanian, J.

The appellant, whose challenge to an order of termination was rejected by the learned Judge in the writ petition, is before us in this appeal.

2. The facts leading to the above appeal are as follows:-

a) The appellant was appointed as a Faculty in Economics in the 1st respondent institute in July 1989 and after completion of probation, he executed an agreement to serve the Institute for 2 years. In 1992 he was sent for a training programme to U.K., and after his return, he executed another agreement to serve the Institute for a period of 3 years.

b) On 17-11-1994, he applied for earned leave for 7 days on the ground that his mother was sick. But subsequently, the leave was sought to be extended from 13-12-1994 till 12-1-1995 on the ground that his sister and brother-in-law were involved in an accident. But the Institute sanctioned leave only upto 31-12-1994 and advised him to join duty on 2-1-1995 on the ground that he was required to complete a research assignment expeditiously.

c) Since he did not join duty on 2-1-1995, a telegram was sent advising him to repor