JUDGMENT

Dayal, J. - This is a special appeal against an order of Mr. Justice Jagdish Sahai dismissing a petition under Article 226 of the Constitution.

2. The appellant was an Inspector in the Octroi Department of the Municipal Board of Shahjahanpur. He proceeded on medical leave which he kept on extending. The last extension prayed for was upto the 28th November 1954. It is not clear from the record as to from which date this extension of leave was applied for. The appellant stated in paragraph 3 of his affidavit that he had been sanctioned leave upto the 28th November 1954. This was not specifically denied in the counter-affidavit but it was stated in paragraph 3 of the counter-affidavit, in reply to paragraphs 2 and 3 of the affidavit. that it became doubtful whether the appellant genuinely stood in need of leave on medical ground and that he was ordered on the 20th October 1954 to report to the Civil Surgeon of Shahjahanpur for medical examination and to submit a certificate from him in support of his illness. This order of the Municipal Board was not received, according to the counter-affidavit, by the appellant. The Municipal Board peon returned it. A second order was then se