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2019 Supreme(P&H) 1512

RAJIV SHARMA, B.S.WALIA
Sukhjinder Singh – Appellant
Versus
Central Administrative Tribunal, Chandigarh – Respondent


Advocates Appeared:Mr. Ashok Aggarwal, Senior Advocate with Mr. Mukul Aggarwal, Advocate, for the petitioner.
Mr. Pankaj Jain, Advocate, for respondent nos. 2 to 4.

JUDGMENT

Mr. Rajiv Sharma, J.:- The present writ petition has been filed by the petitioner against order dated 4.3.2016 (Annexure P12) passed in OA No. 592/CH of 2013 by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short, ‘the Tribunal’).

2. The brief facts necessary for the adjudication of the case are that the petitioner was working as Inspector with respondent no.4. He had applied for grant of earned leave from 19.5.2009 to 17.7.2009 to visit USA and Canada. It was sanctioned by the competent authority. He had to come back to join duty on 20.7.2009. However, he submitted an application for extension of earned leave by another two months with effect from 20.7.2009 to 20.9.2009. Vide communication dated 6.9.2009, he was asked to submit application in proper proforma supported by medical certificate or resume duty immediately, failing which disciplinary proceedings would be initiated against him. He came back and submitted his joining report on 24.1.2012, before Additional Commissioner of Central Excise. However, the fact of the matter is that he was dismissed from service vide impugned order dated 24.1.2012 (Annexure P9). The appeal preferred by the petiti

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