The writ petitioner herein challenges his order of termination from service. The petitioner was a Constable in the Police Department and he was dismissed from service for being absent for a period of 68 days without grant of leave. The admitted position is that the petitioner was absent for this period of 68 days, but his case was that he applied for leave on medical ground alongwith the medical certificate. It is also admitted in the affidavit-in-opposition, inter alia, as follows:

"In reply to the petitioner's allegation, it is to state that the petitioner in his defence statement stated that he applied Earned Leave on 10.11.1986 through the Officer-in-charge, Yaripok. The said application for Earned Leave could not be traced in the office of the Superintendent of Police, Thoubal. However, vide despatch register of Yaripok Police Station, under entry No.2003 dated 19.11.1986, it was despatched to the Sub-Divisional Police Officer, Thoubal, through the receipt of the same is not shown in the register of the office of SDPO, Thoubal. In the above circumstances, leave application is presumed as to have been submitted by the petitioner before suspension order of Departmental Enquiry as

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