1969 LAB. I. C. 742 ::(1969) 1 Lab L J 667 ::1968 B L J R 95l ::ILR 47 Pat 908

Patna High Court

Hon'ble Judge(s): R L Narasimham C J , C.J. AND B.d. Singh , J

(A) Bihar Service Code (1952) , R.180, S.8— Civil Services - Petitioner a non-gazetted assistant absenting him. self without leave during strike - Officer treating such absence as extraordinary leave-Order cannot be held to be invalid on ground of lack of jurisdiction as under the Code he had authority to do so. (Para 6) (B) Bihar Service Code (1952) , S.8, R.236— Civil Services - Extraordinary leave granted to Government servant without his asking-It will cease to be operative as he does not accept it either expressly or impliedly. (Para a 7) (C) Bihar Service Code (1952) , S.8, R.236— Civil Services - Petitioner a Government servant absenting himself without leave-Absence treated as extraordinary leave without pay under R. 236 - Not a case of punishment by authority as petitioner by his own conduct deprived himself of pay and other allowances. (Para 10) .....