JUDGEMENT

R.M. Lodha, J.—

1. Leave granted.

2. These two appeals by special leave are directed against the judgment passed by the Division Bench of High Court of Judicature at Calcutta on September 22, 2008 whereby the Division Bench affirmed the order of the Single Judge passed on July 26, 2007 insofar as reinstatement of the Respondent No. 1 was concerned but modified the order of the Single Judge by awarding him back wages.

3. Mukul Kumar Choudhuri, Respondent No. 1, joined his service with the Eastern Coalfields in 1992 as System Officer. In 1996, he was transferred to North-Eastern Coalfields, Assam. On September 16, 1998, the Respondent No. 1 proceeded on sanctioned leave upto September 29, 1998. However, after expiry of his sanctioned leave, he did not report to duty and despite reminders remained absent for six months without any authorization.

4. On March 18, 1999, the Director-in-Charge, North-Eastern Coalfields initiated disciplinary enquiry against the Respondent No. 1 under Rule 29 of the Coal India Executives Conduct Discipline and Appeal Rules, 1978 (for short, ‘Conduct Rules, 1978) for misconduct on his part by -(i) absenting himself without leave; (ii) Overstaying