Takhat Singh vs State & Ors on 8 September, 2008
The above conclusion arrived at by the committee so
constituted cannot be accepted because it is the duty of the
respondent department either to sanction the leave or to pass
order for break in service if no application for leave is filed by the
employee. The inaction on the part of the department cannot
be attributed to the employee. Further, the conclusion of the
(5)
Takhat Singh Vs. State of Rajasthan & Others
committee that the petitioner did not deposit the service record
for nine years cannot be accepted because if the service record
is lying with the employee then it is the duty of the department
to take proper action. So also, this fact was to be incorporated
in the reply filed by the respondents but in the reply to the writ
petition no such plea has been taken by the respondents. This
fact clearly shows that in the meeting to save the skin of the
responsible persons wrong fact was submitted by the respondent
department.