JUDGMENT :

By invoking the extra-ordinary jurisdiction under Article 226 of the Constitution of India, the petitioner has preferred this writ petition assailing the action on the part of the respondent no. 2 as the appellate authority who by the impugned order dated 19.07.2017 has treated the petitioner’s period of absence from duty as dies-non.

2. The facts which are not in dispute can be narrated, in brief, as follows :-

2.1. The petitioner was inducted in the service of Assam Police on 01.08.1987. When he was in service in the year 2008, a crime case came to be registered against him on the basis of a First Information Report [FIR], lodged on 10.07.2008 before the Officer In-Charge, Nagaon Sadar Police Station. The said FIR was registered as Nagaon Police Station Case no. 711/2008 [corresponding G.R. Case no. 1357/2008], for the offence defined under Section 394, Indian Penal Code [IPC]. In the course of investigation of Nagaon Police Station Case no. 711/2008, the petitioner was arrested and at a later point of time, he was allowed to go on bail. After completion of investigation in connection with the said case, the Investigating Officer [I.O.] of the case submitted a charge shee