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Judgment
Heard Mr.H.S.Paonam, learned senior counsel for the petitioner. Also heard Mr.Samarjit, learned CGC appearing on behalf of the Union of India.
The 2 IC, Md.Akbar, SO-1 (Health) Medical Branch, HQ, DG AR, Shillong is present in the Court along with Capt. Subhangi Gupta, Legal Officer,
HQ, IG AR South.
This Court had passed an exhaustive order on 25.02.2021 which is not reproduced herein.
The 2 IC, Md.Akbar, SO-1 (Health), had produced an application for leave made by the petitioner applying for 27 (twenty seven) days earned leave +
8 (eight) days’ journey period, w.e.f. 8.3.2021 to 10.04.2021 which was recommended and approved by the Medical Superintendent, AR Composi
te Hospital Sukhovi, Nagaland. Capt. Subhangi Gupta, submits that the petitioner, at an early point of time had taken Study Leave as per the rules. She
also submits that under the Rules, an officer is granted only one time Study Leave and no further Study Leave can be granted to the petitioner. It is
also submitted that as the petitioner had already taken Study Leave earlier, the respondents would not be in a position to issue release order for the
petitioner to go and join Sir Gangaram Hospital, New Delhi.
The 2 IC, Md.Akbar, SO-1 also submits that the petitioner may be granted earned leave as and when he applies. However, the release order cannot
be issued.
Considering the submission made by 2 IC, Md.Akbar, SO-1 and Capt, Subhangi Gupta, this Court directs the respondents to file an affidavit indicating
that they will not be able to release the petitioner for Sir Gangaram Hospital despite the order passed by this Court on several occasions.
Let such affidavit be filed on or before 15.03.2021. List the matter for final hearing and disposal on 22.03.2021.
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