On January 16, 1962, he was transferred from Visnagar to Ambaji where there was a vacancy in the office of the Depot Manager.
A further appeal preferred by him to the L9SUPCI/66 4 4 2 appellate Committee was also unsuccessful.
To this letter, he enclosed a medical certificate.
The appellant made a representation to the Divisional Controller on March 17, 1962 and thereafter preferred an appeal to the General Manager of the Corporation.
Both of them were rejected.
Appeal by Special Leave from the Judgment and Order, dated the 28th May, 1963 of the Gujarat High Court in Special Civil Application No.
226 and 227 of the Constitution, impleading the Divisional Controller as respondent, for the issue of a writ of certriorari to quash the order of dismissal.
The Judgment of the Court was delivered by Satyanarayana Raju, J. This appeal, by special leave, is against the judgment and order of the High Court of Gujarat at Ahmedabad, dated May 28, 1963, dismissing in limine an application filed by the appellant under Art.
S. Bindra and B. R. G. K. A char, for the respondent.
Thereafter he applied for special leave and that was granted by this Court.
By an order, dated March 9, 1962, the services of the appellant were terminated with effect from January 16, 1962, on the ground of long absence.
His petition was dismissed in limine on May 28, 1963.
On January 15, 1962, the appellant applied to the Divisional Controller, State Transport, Mahasana, for leave for 15 days on the ground that he had to attend to his personal work.
He was directed to report for duty at Ambaji within 48 hours of the receipt of numberice failing which, he was warned, he would be removed from service.
On March 3, 1962, the appellant wrote a letter to the Divisional Controller intimating him of his inability to join duty as he was still number well.
The Committee held that the leave applications of the appellant were made only with a view to evade joining duty at Ambaji.
CIVIL APPELLATE JURISDICTION Civil APPEAL No.
The appellant applied to the High Court of Gujarat under Arts.
226 of the Constitution.
The facts material for the purposes of this appeal may be briefly stated.
On that date, the appellant applied for extension of leave on medical grounds but his request was refused by an order, dated February 15, 1962.
At the material time he was employed as a Writer in the Visnagar Depot of the Corporation in Mahasana District.
On January 31, 1962, a formal order transferring the appellant from Visnagar to Ambaji was passed, and he was directed to join duty at Ambaji.
Me appellant was a permanent employee of the State Transport Corporation, Gujarat, hereinafter referred to as the Corporation.
419 of 1963.
Gopalakrishnan, for the appellant.
On June 17, 1963, the appellant applied for a certificate to appeal to this Court but it was refused.
757 of 1964.
