Heard Mr. U.K. Nair, learned senior counsel for the petitioner. Also heard Mr. R. Borpujari, learned standing counsel, Finance Department, appearing for all the respondents.

2. The petitioner was appointed as Assistant Audit Officer on 21.05.1994 and he was promoted to the post of Audit Officer in the year 2004. He was transferred as Audit Officer of Jorhat Circle by an order dated 28.05.2009. Subsequently, in the month of March, 2014, the petitioner was transferred as Audit Officer to Karimganj, where he is still continuing.

3. The pleaded case of the petitioner, in short, is that the petitioner, while serving in Jorhat, was afflicted with Psoriasis. Because of the aforesaid illness, the petitioner had to go on leave on many occasions for various periods. On 08.05.2014, a show cause notice under Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964 (for short, “1964 Rules”) read with Article 311 of the Constitution of India was issued requiring the petitioner to show cause as to why any of the penalties prescribed under Rule 7 of the 1964 Rules shall not be inflicted upon him on the charges and the statement of allegations indicated therein. In the said show cause, amongst others, it was noted that the petitioner was found absent from duty w.e.f. 08.08.2013 to 31.08.2013 without any information to the authority. It was also asserted that the petitioner had not submitted weekly diaries (i) w.e.f. 10.12.2011; (ii) 04.08.2012 to 30.03.2013 and (iii) 03.06.2013 to 28.10.2013.

4. The petitioner responded to the said show cause notice vide his reply dated 15.07.2014, wherein he had stated that leave may be required for the period (i) 05.12.2011 to 31.03.2012; (ii) 30.07.2012 to 30.03.2013 and (iii) 03.06.2013 to 30.03.2014. It is also stated therein that he could not submit the weekly diaries because of his illness. The petitioner by filing an additional affidavit on 27.07.2017 has stated that all pending weekly diaries and reports pertaining to Jorhat Circle had been submitted before the appropriate authority.

5. Mr. Borpujari has submitted that after the submission of the show cause reply by the petitioner, no further steps had been taken in the departmental proceeding.

6. As the petitioner was not receiving salary from February, 2011, by this writ application, the petitioner prays for a direction to the respondents to grant leave of absence to him on medical ground and to release the salary, which was held up from February, 2011 with all consequential benefits. As the subject matter of this writ petition is not the departmental proceeding drawn up against the petitioner, it will not be necessary for this Court to dilate on that aspect.

7. Taking note of the medical certificates submitted by the petitioner from time to time, the Director of Audit (Local Fund), Guwahati issued a letter dated 28.10.2014 to the Chairman, State Standing Medical Board & Additional Director of Health Service requesting him to ask the petitioner to appear before the Medical Board to examine his existing state of health condition in support of the medical certificates, which were furnished therewith and to furnish a report as to whether the petitioner is capable of continuing in Government service.

8. On being called upon by the Chairman, State Standing Medical Board & Additional Director of Health Service, the petitioner duly appeared before the Medical Board on 07.11.2014 and the Medical Board had opined that the petitioner has been suffering from Psoriasis and Osteoarthritis changes in right knee joint. It was also opined that the petitioner was not presently having any major medical condition.

9. In the affidavit-in-opposition filed by the respondent No.2, in Paragraphs-4 and 6, it is stated as under:-

“4. That the statements made in paragraph 6 of the instant writ petition are borne out of records. In this regard the answering deponent begs to state that as per Para-44 of the Assam Audit Manual at page-29, any lapse on the part of