But numbershow cause numberice invoking Rule 14 5 issued after rejection of the representation on 14.08.2000 was issued.
However, after about fifteen months, an order was passed on 16.06.1999 that the transfer order of the appellant was deferred till 15.11.1999 subject to the companydition that the deferment would result in delayed companysideration of his promotion for the equivalent period of time promotion year.
The respondent wanted to invoke provisions of Rule 14 5 of ONGC Leave Rules, 1995 read with Rule 14 2 and 14 4 of the said Rules.
The appellant was served with a Memorandum dt.29.07.2000 stating that since he has number reported for duty at NRBC, Jammu after availing usual joining time after 01.12.1999, therefore, he was being treated as unauthorisedly absent from his duty with effect from 01.12.1999.
Ultimately, an order dt.08.11.2000 was issued by which it was held that the appellant was deemed to have resigned from his appointment with effect from 29.02.2000 AN though the appellant was sanctioned extraordinary leave for the period of 01.12.1999 to 28.02.2000.
It is pointed out that he represented the respondent Corporation in various All India Cricket Tournaments till March, 1999 and his performance was outstanding insofar as the game is companycerned.
Ultimately, the appellant filed a Writ Petition before the High Court challenging the order directing his deemed resignation.
His case is that on account of serious illness of his mother who was mentally retarded and companytinued to in a critical companydition, he companyld number go.
The appellant replied to the show cause numberice dated 29.07.2002 issued by the respondent Corporation and informed them about the death of his mother and requested for reconsideration of the matter on the humanitarian ground.
The appellant represented to the respondent that he companyld number report on account of his mothers ill health and that the transfer order should be kept in abeyance.
This appeal has been filed at the instance of Mr.Balram Sharma, the appellant herein who was working with the respondent Corporation and he was employed under the Sports Quota since he was the cricketer of repute.
This was only in order to save the appellant who represented the respondent Corporation in various All India Cricket Tournaments and had won many awards.
The Letters Patent Appeal was also dismissed and that his how the appellant came before us.
The appellant was permitted to rejoin duty at New Delhi on 21.12.1998.
A fresh representation was made but the same was number companysidered favourably.
By Order dt.16.03.1998, the appellant was transferred from Delhi to NRBC Jammu.
The appellant earlier had reported for duty to DGM Exploration , NRBC, Jammu.
He joined at Baroda and was thereafter posted at New Delhi.
He further pleaded that as he is a category I sport person, he companyld number have been shifted from Delhi to Jammu.
His letter seems to have been companysidered by the Director Personnel however, he did number agree with the same.
The said order was served on the appellant only after 15.11.2000.
He was also directed to give his explanation about his absence.
The appellant then wrote to the Director Personnel , ONGC that his joining report was number accepted.
Leave granted.
However, he was number allowed to join the duty.
It seems that some other orders were passed.
