R.B. MISRA, J.

1. In this writ petition prayer has been made to quash the order dated 30.3.94 passed by District Judge removing the Petitioner from service/Class IV post and 20.9.1996 passed by the Respondent No. 3 the Administrative Judge as appellate authority.

2. Heard Anu Jaiswal, learned Counsel on behalf of the Petitioner as well as Sri K.R. Sirohi, learned Counsel for the Respondents.

3. The facts necessary for adjudication of the case are that the Petitioner was appointed as class IV/peon in the judgeship of Jalaun at Orai in the month of November, 1980 and at the relevant time, while working as Chaukidar at the head quarter Orai, he proceeded on sanctioned casual leave on 26.6.93 and was expected to come back on the next day, however, the Petitioner moved an application for availing fifteen days earned leave up to 12.7.93. In the meantime, the Petitioner had fallen seriously ill, suffered from Pyrexia Anesebic Hepatitis and due to the said disease the Petitioner remained absent from 12.7.93 to 21.8.93 also and after that the Petitioner was declared fit to resume duty on 23.8.93, therefore, sought permission to join his duty, along with medical fitness certificate da