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7. The pleadings and materials on record would show that the 5th respondent, who is a member of All India Service (Kerala Cadre) is presently holding the post of Director General of Police in charge of Vigilance and Anti Corruption Bureau. The 5th respondent while working as Managing Director of the KTDFC submitted an application dated 10.12.2008 seeking leave for three months with effect from 5.1.2009 in order to complete writing of two research articles from the thesis done as part of his Doctoral programme in Human Resource Development, during the study leave granted as per G.O.(Rt.)No.4122/99/GAD. In the  said application, the 5th respondent has stated that he could not write the research articles earlier and the scientific work requires focused attention with extensive review of literature and discussion with academicians. As discernible from the said letter (which forms part of the enclosures to Ext.P1) a leave application in the prescribed format was also enclosed therewith. Based on the said request, by G.O.(Rt.)No.317/2009/GAD dated 31.3.2009, the 5th respondent was granted extraordinary leave for three months from 5.1.2009 or from the date of avail, subject to eligibility.

8. Seeking extension of leave for three months, in continuation of the leave already sanctioned, the 5th respondent made a request dated 25.5.2009 along with an application in the prescribed format. By G.O.(Rt.)No.5194/2009/GAD dated 20.7.2009 the 5th respondent was granted extraordinary leave for three months with effect from 6.6.2009, in continuation of the earlier leave granted, subject to eligibility.

9. According to the appellant, the 5th respondent while on leave had worked as the Director of T.K.M. Institute of  Management, Kollam and received a monthly remuneration of 1,69,500/-, through bank. While continuing as the Director of the Management Institute, the 5th respondent sought extension of leave for three months from 6.6.2009, vide his letter dated 25.5.2009.

19. Per contra, the 4th respondent State would contend that, the 5th respondent while holding the post of the Managing Director of the KTDFC applied for leave for completing the research papers as part of his doctoral studies. After obtaining extraordinary leave he worked as the Director in TKM Institute of Management and received monthly remuneration of 1,65,000/- without prior permission from the Government, in violation of Rule 13(1)(b) of the Conduct Rules. A Vigilance enquiry was ordered against the 5th respondent and a show cause notice was  issued based on the confidential enquiry. At this time, the 5th respondent remitted the remuneration so received from the Management Institute. In the Vigilance enquiry no action was recommended by the Director of VACB since the 5th respondent has remitted the amount to the Management Institute. Hence it was decided that no further action is required against the 5th respondent and the said position was intimated to the Government of India.

21. Rule 2(g)(iii) of the Leave Rules define 'Government' to mean, in the case of a member of the All India Service serving in connection with the affairs of a State, the Government of that State.

22. Rule 15 of the Leave Rules deals with extraordinary leave. As per Rule 15(1), subject to the provisions of Rule 7, extraordinary leave may be granted to a member of the service in the special circumstances enumerated in clauses (a) and (b), i.e., when no other kind of leave is admissible; or when any other kind of leave is admissible but the member of the service applies in writing for the grant of extraordinary leave. Rule 16(3) provides that, the Government may retrospectively convert periods of absence without leave into extraordinary leave even when any other kind of leave was admissible at the time when absence without leave commenced.