Leave

However, upon returning and approaching the respondents, they informed him that the leave had been withdrawn through vide impugned order

Respondents argued that the petitioner was not entitled to the leave as he was appointed on a contract basis for one year

Validity

Before the petitioner had acted upon the leave sanctioning order, the competent authority could have rescinded it

However, once the petitioner had taken a decisive step by leaving his duty and proceeding abroad for higher studies, the principle of locus poenitentiae prevented the competent authority from withdrawing the leave sanctioning order

Impugned order was set aside

Since the contract period of the petitioner's colleagues had already been extended by the competent authority during the intervening period, the petitioner was also entitled to the same relief of an extension of his service

Constitutional petition was allowed accordingly.

Mere submission of application for leave by an employee to his department would not mean that leave has been granted in his favour, he is duty bound to enquire from the department himself about the fate of his request for grant of leave.

Mere submission of application for leave by an employee to his department would hot mean that leave has been granted in his favour, he is duty bound to enquire from the department himself about the fate of his request for grant of leave.