Dr. Hitendra Singh Yadav Versus The State of M.P.

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 1033 of 2022, Judgment Date: Feb 01, 2022

Law Laid down :-

M. P. Civil Services( Leave Rules) 1977

Rule 32 - The petitioner was a probationer and was not holding the post substantively. Even otherwise, if a probationer has rendered less than 5 years service, the competent authority was well within its power to decline study leave.

Rule 42 of Leave Rules - As per sub rule 4 clause(ii), the petitioner’s prayer for study leave was rightly declined because he admittedly remained under suspension from 2014-2021 and did not render 5 years of service.

Rule 50 of Leave Rules - It is an enabling provision and does not bestow any enforceable right in favour of the petitioner to get study leave.

Judicial review of administrative order/decision - The main scope of judicial review is relating to the ‘decision making process’ and not on the decision. If decision is taken within four corners of law/rules, it cannot be interfered with merely because another view is possible. If administrative order is irrational to the extent, no prudent mind can take such decision, interference can be made.

Dr. Hitendra Singh Yadav Versus The State of M.P.