JUDGMENT

Venkataswami. J.-Leave granted.

Heard learned counsel for the parties at length.

2. The appellant-Corporation on January 5, 1989 passed an order invoking Rule 23 (vi)E of the Hindustan Paper Corporation Conduct Discipline and Appeal Rules thereinafter called "the Rules"). That order was to the effect that the first respondent herein must be deemed to have lost his lien on his appointment with the Corporation/Mill.

3. The first respondent has successfully challenged the said order of the appellant before the High Court of Guwahati and thus, the appellant is before us.

4. The first respondent entered the services of the appellant as a Fire Fighting Officer and was eventually promoted on 28.8.1985 as Assistant Manager (Security & Fire-fighting). On May 26, 1988 the body of one Shanti Rani Chakrabarty, sister-in-law of the first respondent, was found in the house of the first respondent. On 27.5.1988, the first respondent applied for causal leave. On the next day, an FIR lodged against the first respondent and others under Section 302/201 read with Section 34 IPC by Karim Ganj Police. On 3.6.1988, the first respondent after the expiry of casual leave sent an application for Earned