JUDGMENT :

1. Heard Mr. N. K. Kalita, the learned counsel for the petitioner and Mr. C. S. Hazarika, the learned counsel for the respondents.

2. The instant writ petition has been filed challenging the order of discharge from service dated 28.12.2006 issued by the respondent No.4 and the order dated 17.08.2007 issued by the respondent No.3 and with a further direction to reinstate the petitioner in service with effect from the date of his alleged absence from duty along with all back wages for the said period of alleged absence from duty.

3. The facts involved herein is that the petitioner was appointed on 11.04.1989 as a Fireman under the Assam Fire Service Organization vide an order No. 771 issued by the Director of Fire Service Organization, S.F.S.O., Assam. The petitioner thereupon continued to render service. However, when the petitioner was posted at Guwahati Fire Station, he suffered from several illnesses and ultimately he had to leave the station on 26.08.2005 with verbal intimation to the Senior Station Officer, Guwahati Fire Station. However, it is the case of the petitioner that the Senior Station Officer vide his letter dated 30.08.2008 informed the Director, Fire Serv