1. Having heard Mr. I. Choudhury, learned counsel for the petitioner, Md. Noormohammad, learned Government Advocate appearing for the respondent No. 1 and Mr. K. Bhattacharyya, learned counsel appearing for the respondents No. 2, 3 and 4, I am of the view that this is a fit case for invoking the provision of FR 18 by the respondent Board.

2. The factual matrix of the case are that the petitioner was appointed as Assistant Marketing Inspector in the year 2000 and joined the service on 17.4.2000 at Baharihat Market Committee. On 16.5.2002, he was transferred from Boharihat Regulated Market Committee to Tinsukia District Regulated Market Committee, which he joined on 28.5.2002. The Secretary, Tinsukia District Regulated Market Committee, Tinsukia issued the order of posting for the petitioner at Chapakhowa Market Centre and directed him to survey the works and enlist the growers of ginger, which he did. According to him, while he was discharging such duties, he developed Neuropsychiatry disorder and had to undergo medical treatment from the month of October, 2002 and as a result thereof, he was not able to attend his office since October, 2002. Due to the nature of his illness,