IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11515 of 2021

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1.

The Director, National Institute of Locomotor Disabilities (Divyangjan),

Department of Empowerment of PwDs (Divyangjan), Ministry of Social

Justice and Empowerment, Government of India, B.T. Road, Bon- Hooghly,

Kolkata - 700090.

2.

The Officer in - Charge, composite Regional Centre for Skill Development,

Rehabilitation and Empowerment of Persons with Disabilities (Divyangjan)

(CRC), Sheikhpura (Old Dharamsala) Near IGIMS Nursing College, Patna-

800014.

... ... Petitioner/s

Versus

1.

Dev Nandan Kumar S/o - Sri Shiv Chandra Singh Resident of Mohalla -

Hanuman Gadhi Ward No. 45, P.O. Badalpura, P.S. - Begusarai Mufassil,

District- Begusarai.

2.

The Union of India through Secretary, Government of India, Ministry of

Social Justice and Empowerment, Government of India, Department of

Empowerment of the Persons with Disabilities, Pandit Deendayal Antyodaya

Bhawan, CGO Complex, New Delhi - 110003.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Dr. K. N. Singh, ASG

For the Respondent/s

:

Mr. Ramakant Yadav, Adv.

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE RAJIV ROY

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJIV ROY)

Date : 26-07-2022

Heard learned counsels for the parties.

2.

The present writ petition has been preferred on

behalf of the petitioners, National Institute of Locomotor

Disabilities (Divyangjan), Department of Empowerment of PwDs

(Divyangjan), Ministry of Social Justice and Empowerment,

Government of India (henceforth for short ‘the N.I.L.D’) through

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its Director challenging the order dated 28.01.2021 in

O.A./05/0435/2020 passed by the Central Administrative Tribunal,

Patna Bench, Patna (henceforth for short ‘the Tribunal’) by which

it directed the petitioner herein to allow the applicant-respondent

to join service subject to the necessary action/steps as warranted

under the Rule/Law against the employee they intent to take

regarding his conduct in the matter of study leave.

3.

The matrix of facts giving rise to present

petition is/are as follows:

4.

The applicant-respondent, namely Dev Nandan

Kumar preferred the aforesaid O.A./05/00435/2020 before ‘the

Tribunal’ for a direction to allow him to work against his post with

all consequential benefits in terms of his application dated

01.10.2020. The case put forward by the applicant-respondent is/

was that:

(i) he was appointed against the post

of Rehabilitation Officer vide office order

dated 05.04.2011 issued by the Director

Composite Regional Center for persons with

disabilities under Ministry of Social Justice

and Empowerment, Government of India,

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Indian Red Cross Building, Gandhi Maidan,

Patna;

(ii) In March 2017, he submitted

application before the appropriate authority to

grant permission for study leave to clear

Entrance Examination and study Ph.D in

Amity University, Lucknow Campus, Uttar

Pradesh which was allowed on 20.12.2017;

(iii) he executed the necessary bond

on 21.12.2017 whereafter he was relieved on

29.12.2017 for pursuing Ph.D course at Amity

University Lucknow campus;

(iv) on 13.07.2018, an order was

passed with a direction to the applicant-

respondent to join his duty with immediate

effect with further information that the

previous order dated 20.12.2017 stands

withdrawn;

(v) on 14.07.2018, the applicant-

preferred appeal before the administration with

a request to allow him to continue with the

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earlier order dated 20.12.2017 so that he ca