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2022 Supreme(Gau) 515

ACHINTYA MALLA BUJOR BARUA
Md. Jalal Uddin Barbhuiya S/o Mohabat Ali Barbhuiya – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. R. Rangmai.
For the Respondent: Mr. S.A. Verma.

JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Mr. R. Dhar, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned Additional Senior Government Advocate for the respondents no. 1, 2, 3 and 5 being the authorities under the Home and Police Department of the Government of Assam and Mr. A. Chaliha, learned counsel for the respondent no. 4 being the authorities under the Health Department of the Government of Assam.

2. That in the year 2006, the petitioner was a constable in the 6th Assam Police Battalion attached to the No. 1 Platoon and while serving so, he developed certain ailments in the last part of December, 2006. On 19.12.2006, he was sent for Intensive Refresher Course Training at BN Head Quarter, Kathal, Silchar. As he became unwell during the course of the training, he reported to the concerned Unit Hospital at Kathal, Silchar and availed 3 (three) days hospital leave from 19.12.2006 to 21.12.2006. Thereafter, the petitioner claimed that he was advised rest for 15 (fifteen) days and accordingly, availed another 15 (fifteen) days commutated leave on medical ground from 22.12.2006 to 05.01.2007. In the meantime, the petitioner was diagnosed to be suffering f

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