JUDGMENT :

Heard Mr. P.K. Roy, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned counsel for the State respondents.

2. The petitioner’s case is that he was dismissed from service vide impugned Order dated 17.04.2013 issued by the Commandant, 4th Assam Police Battalion, Kahilipara, Guwahati for unauthorized absence w.e.f. 27.04.2011 and has prayed for setting aside the said impugned order.

3. The petitioner’s counsel submits that the petitioner suffered from mental illness in the month of April, 2011. Accordingly, the petitioner’s friends and relatives took the petitioner to Bihar to put him under the treatment of a Neuro Psychiatrist at Ranchi. The petitioner’s counsel submits that the petitioner was not hospitalized while under-going treatment in Ranchi. The petitioner was thereafter kept under treatment till 18.11.2013 and the petitioner returned to Guwahati after being cured on 18.11.2013. However, on reaching Guwahati, he came to learn that he has been dismissed from service w.e.f. 12.04.2013 on the ground of unauthorized absence and negligence of duty.

4. The petitioner thereafter filed an appeal before the appellate authority i.e., the respondent No. 2 on 02