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N.K.Assumi (Advocate)     11 July 2009

Refusal of leave of absence can be challenge by writs?

Government authority passed an otder refusing the leave of absence to a government servant. Can it be challenge as quasi judicial order?



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 5 Replies

Binod Kumar Mishra (Government Service)     11 July 2009

first it needs to check that on what ground the leave has been applied. is the applied leave is covered under ccs(leave rules). on what basis the leave has been rejected.

 

normally the leave should not be rejected. first please give the details and nature of leave applied for and reason for leave.

N.K.Assumi (Advocate)     11 July 2009

Under the leave rules, it is purely the administrative discreation to grant or not to grant absence of eave. Exercising the ministerial discreation leave of absence was refused: Can it be challenge by Writs?

N.K.Assumi (Advocate)     11 July 2009

Under the leave rules, it is purely the administrative discreation to grant or not to grant absence of eave. Exercising the ministerial discreation leave of absence was refused: Can it be challenge by Writs?

shyamanta (seniour medical officer)     29 August 2009

why not it can be. Please refer to decision of kolkotta high court on leave in general leave should not be denied. Only in declared emergency one can deny leave. If a person accepts his resignation but denies his leave it is certainly chalangeable in court as it shows that its not that emergency or he would also be denied resignation

Dr. M I Khan (Chief Orth Surgeon)     28 October 2009

Dear Shyamanta,

 

Can you please tell the Case no of the High Court or date of Judgment so that we can refer the Judgment on Leave.

Thanks,

Dr MI Khan


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