Ujjal Bhuyan, J.

Heard Mr. B.K. Das, learned counsel for the petitioner and Mr. A. Matlib, learned Government Advocate, Assam.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 19.05.2009, issued by the disciplinary authority imposing the penalty of removal from service on the petitioner.

3. This matter was heard at length on 17.09.2015, following which, the following order was passed:-

"By order dated 19.05.2009 issued by the Special Superintendent of Police, CID, petitioner was removed from service on the ground of unauthorized absence.

A perusal of the impugned order would go to show that an enquiry was conducted against the petitioner on the charge of overstay of leave w.e.f. 28.04.2006. As per report of enquiry, the charge was proved. Notices issued to the petitioner were not responded. Holding that petitioner committed gross misconduct and acted in an in-disciplined manner, disciplinary authority took the view that she was not fit to remain in a disciplined force like the CID, Assam Police. Accordingly, impugned penalty was imposed.

From the counter affidavit filed on behalf of respondent No. 5 (disciplinar