JUDGMENT :

Hrishikesh Roy, J.

1. The State of Odisha, the Director General & Inspector General of Police and others in the police department have filed this appeal to challenge the judgment and order dated 2.5.2018 in Writ Petition (C)No.7053/2011. In the impugned judgment, the High Court of Orissa has substituted the punishment of discharge for the respondent, to compulsory retirement and to this extent modified the order dated 2.12.2010 whereunder, the Orissa Administrative Tribunal[Tribunal] had dismissed the O.A.No.1459(C)/2003 filed by the discharged Orderly.

2. Before disciplinary action was taken, the respondent was serving as a Follower Orderly, in the OSAP 4th Battalion, Rourkela. He secured leave from 25.5.1991 to 4.6.1991 to visit his ailing mother and proceeded to his native village. While on leave, he suffered from cerebral malaria and was admitted in the C.T. Hospital, Cuttack on 31.5.1991 and thereafter he was medically advised to take rest for 2 months. When the respondent applied for leave extension, on 12.6.1991 (Annexure P1), the Commandant directed the respondent to appear before the CDMO, Cuttack for medical examination/treatment and the likely period needed for t