Hon’ble S.K. Singh, J.—Heard Sri Bhupendra Nath Singh, learned Advocate in support of this appeal and Sri Subodh Kumar, learned Advocate who appeared for respondents.

2. This special appeal is directed against the judgment of the learned Single Judge dated 16.3.2012 passed in Civil Misc. Writ Petition No. 28744 of 2000.

3. To appreciate the issue some basic facts will be necessary.

4. Writ petition was filed by the appellant against the orders of the competent authority dated 17.5.2000 by which he was removed from service.

5. Appellant was serving as a Gateman in the Raj Ghat Project,Betwa River Board, Nandanpura, Jhansi. He applied for earned leave w.e.f. 1.4.2000 to 20.4.2000 on medical ground for his treatment and thereafter leave was extended by moving leave extension application dated 20.4.2000. He having been declared fit to resume duties, finally he joined his duties on 26.5.2000 upon which he was handed over with a letter dated 17.5.2000 stating his removal on the ground of unauthorised absence from duty.

6. Writ petition was filed by the appellant which was entertained and respondents were called upon to file response upon which pleadings completed. On 20.7.2009 t