Authorities must consider the petitioner's explanation before treating absence as Extra Ordinary Leave.

JUDGMENT

Nani Tagia, J. - This writ petition was dismissed for default by an order of this Court dated 11.06.2019, as no one had represented the petitioner at that day. The writ petition however was restored to file by an order dated 24.06.2019 passed in MC(WP) 02 (AP)/2019, as reflected in the order dated 24.06.2019. After the writ petition was restored to file as above, the learned counsel for the petitioner again did not appear when the matter was called up on 26.08.2019 and accordingly, the matter was directed to be listed for hearing in the usual course. Today when the matter is called up, Ms. E. S. Nido Mari, learned counsel makes a prayer on behalf of Mr. U. Deka, learned counsel representing the petitioner for adjournment of the case by 2 (two) weeks. Considering the nature of the case and also taking into account that the writ petition pertains to the year 2014, this writ petition is taken up for disposal on its own merit.

2. I have heard Ms. P. Pangu, learned Government Advocate for the respondents.

3. The petitioner has put to challenge the order dated 16.09.2014, issued by the Superintendent of Police, Capital, Itanagar vide Memo No. SPC/ITA/PF-160/2014/2962, whereby, the period of absence from the duty of the petitioner w.e.f. 20.07.2013 to 31.10.2013 has been treated to be on Extra Ordinary Leave. The petitioner, who is a Naik in Arunachal Pradesh Police, was transferred from the Papum Pare (City) to Papum Pare District (Rural) vide order dated 09.07.2013. In pursuance thereof, the petitioner was released from the establishment of Superintendent of Police, Capital, by an order dated 17.07.2013 w.e.f. 20.07.2013 to enable the petitioner to join at his new place of posting i.e. Papum Pare District (Rural). After the release of the petitioner from the establishment of Superintendent of Police, Capital on 20.07.2013, the petitioner rejoined in the establishment of Superintendent of Police, Capital, Itanager on 01.11.2013, on being posted back to Papum Pare District (Capital) for 6 (six) month on compassionate ground. During the intervening period of 20.07.2013 to 31.10.2013, the petitioner did not join at his new place of posting at Papum Pare District (Rural). After the petitioner rejoined in the establishment of Superintendent of Police (Capital) on 01.11.2013, the petitioner submitted an application for regularization of his absence period of 104 days w.e.f. 20.07.2013 to 31.10.2013 to be treated as Earned Leave (EL). The respondent authorities vide the impugned order dated 16.09.2014, has treated the period of 104 days of unauthorized absence of the petitioner w.e.f. 20.07.2013 to 31.10.2013 as Extra Ordinary Leave.

4. Assailing the correctness of impugned order dated 16.09.2014, the petitioner contends that the respondent authorities by the impugned order dated 16.09.2014, while treating the unauthorized period of absence from the duty of the petitioner w.e.f. 20.07.2013 to 31.10.2013 as Extra Ordinary Leave, has acted in punitive manner for the reason that the order of release dated 17.07.2013, was challenged by the petitioner before the High Court by filing a writ petition being WP(C) 308 (AP)/2013, which was disposed of by this Court on 26.09.2013, directing the respondent authorities to dispose of the representation of the petitioner within 2 (two) weeks and till the disposal of the representation, the release order of the petitioner in pursuance to the transfer order was directed to be kept in abeyance. The petitioner, therefore, contends that as the release order of the petitioner from the establishment of Superintendent of Police, Capital, Itanagar, was stayed by the Court till disposal of the representation, the entire period from 20.07.2013 to 31.10.2013, could not have been treated as Extra Ordinary Leave by the respondent authorities.

5. The respondent Nos. 1, 2 & 3 by filing the counter affidavit essentially contends that before treating the period of unauthorized absence of the petitioner w.e.f. 20.07.20