2. The petitioner, who was working as PS/Steno in the office of
the respondent-Cement Corporation of India was, admittedly, on
earned leave from 24th July, 1996 to 3rd August, 1996, owing to his
brother‟s hospitalization. According to the petitioner, he met with an
W.P.(C) 2598/2003 Page 1 of 28
accident, incapacitating him from joining duty on 3 rd August, 1996.
Vide telegram dated 14th August, 1996, the petitioner applied for
extension of his leave till 31st August, 1996, in support of which he
submitted a certificate of Dr. Sunita Bountra, MBBS, certifying that
he was under her treatment “for accidental injury Rt leg with irritable
bowel syndrome from 1.8.96.”, for which she advised him complete
bed rest from 3rd August, 1996 to 31st August, 1996. The respondent
rejected the petitioner‟s application, vide telegram dated 16th August,
1996, which informed him he was being marked absent from duty.
Source: Indian Kanoon