JUDGMENT :

1. Heard Mr. SP Sharma, learned counsel for the petitioner and Mr. D Nath, learned Senior Government Advocate for the respondents in the PWD(Roads), Government of Assam.

2. The petitioner was appointed on the recommendation of the Assam Public Service Commission as an Assistant Engineer (Civil) in the PWD and was posted at Dibrugarh Roads Division against a vacant post. Prior to being appointed as an Assistant Engineer (Civil), the petitioner was in Australia for certain educational purpose. After the appointment, he felt that there was a necessity to go back to Australia to complete certain unfinished works. Consequently, he sought for leave from 01.07.2004 to 30.07.2004, which was granted. But the petitioner on his own volition overstayed the leave and returned back in the year 2006. Although it is stated that from time to time he went on giving applications for extension of his leave, but there is nothing on record to show that any leave in respect of such applications were allowed.

3. Be that as it may, after returning back in the year 2006, the petitioner was placed under suspension by an order dated 29.03.2006 of the Commissioner and Special Secretary to the Govern