JUDGMENT :

1. Heard Mr. F. Z. Mazumder, learned counsel appearing on behalf of the petitioner. Also heard Mr. H. Sarma, learned counsel appearing on behalf of all the respondents.

2. The instant writ petition has been filed challenging the Order dated 18.06.2020 issued by the Commandant 21st AP (IR) Battalion Katlicheera as well as the Order dated 22.09.2020 issued by the Deputy Inspector General of Police AP, whereby the petitioner was dismissed from service with immediate effect and subsequently, the appeal so filed was also dismissed respectively.

3. For ascertaining as to whether in the instant case any interference can be made under Article 226 of the Constitution, let this Court take into consideration the relevant facts involved.

4. The petitioner herein as alleged in the writ petition, was serving as a Constable in the Assam Police Department to the Govt. of Assam. Posted at 21st AP (IR) Battalion Katlicheera, Hailakandi and was attached with Platoon No. 5 Camp Panchgram PS.

5. The petitioner was allowed to avail 21 days earned leave w.e.f. 05.01.2019 to 26.01.2019 vide an order dated 29.10.2018. However, the petitioner could not resume the duty on date, on account of sudden illness, which was continued for a long period of time.

6. It was further mentioned that final notices were issued to the petitioner on 04.06.2019 through dak runner, which was received by the petitioner on 06.06.2019. It is also stated in the writ petition that the petitioner had submitted an application to the concerned authority along with relevant medical documents on 09.06.2019 with prayer for extension of his leave. Thereupon, there were subsequent notices served upon the petitioner, but on account of his prolonged illness, the petitioner could not resume his duty, for which the petitioner was placed under suspension on 13.11.2019 w.e.f. 27.01.2019 due to his over staying in the leave. Thereupon, on 09.01.2020, a show cause notice was issued under Section 65 of the Assam Police Act, 2007 read with Rule 66 of the Assam Police Manual Part III and Article 311 of the Constitution. The said show cause notice have been enclosed as Annexure-D to the writ petition.

7. In terms with the said show cause notice, it was alleged that the petitioner was allowed 21 days earned leave w.e.f. 05.01.2019 to 26.01.2019, but the petitioner had not resumed his duty in due time. It further mentioned that the four notices were issued to the petitioner on 07.02.2019, 22.02.2019, 12.03.2019 and 04.06.2019 asking the petitioner to resume duty immediately, but the petitioner did not resume his duty nor made any correspondence in that regard. Under such circumstances, it was mentioned that the said action of the petitioner tantamounts to misconduct, indiscipline act and negligence, which rendered the petitioner unfit to be retained in disciplined service. In the said show cause notice, the petitioner was asked to submit his show cause within 10 days of the receipt of the communication provided he did not intend to inspect the documents, which have relevance with the issue under enquiry. It was also mentioned that, in the circumstance, that the petitioner wanted to inspect any document, he should write to the issuing authority, i.e., the Disciplinary Authority for the same within seven days from the date of receipt of the communication and submit written explanation thereafter within ten days from the date of completion of inspection. The petitioner was also given the opportunity to state in his written statement as to whether he would desire to be heard in person and the petitioner was permitted to seek the assistance of any other government servant approved by the Disciplinary Authority. However, the petitioner could not engage a legal practitioner unless the Disciplinary Authority permits. Further to that, with the said show cause notice, certain documents have been enclosed along with details given who could be witnesses. It further appears from the records as produce