IMPORTANT POINT
The penalty imposed on the petitioner for unauthorized absence was found disproportionate due to his health issues, leading to a ruling for compulsory retirement with pension instead.

JUDGMENT :

(N. UNNI KRISHNAN NAIR, J.)

Heard Mr. Nabin Chandra Das, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Government Advocate, appearing on behalf of all the respondents.

2. The petitioner, herein, by way of instituting the present proceeding, has presented a challenge to an order, dated 13.03.2015, issued by the Commandant, 8th Assam Police Battalion, Abhayapuri, imposing upon him the penalty of removal from service on conclusion of a Disciplinary Proceeding instituted against him.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

The petitioner, herein, who was initially appointed as a Constable in the 8th Assam Police Battalion, on 01.04.1985, by riding the ladder of promotion, was promoted to the rank of Havildar. While posted as a Havildar in the 8th Assam Police Battalion, the petitioner, herein, was taken ill on 10.05.2014, and he was admitted to the Unit Hospital on 11.05.2014. During the examination of the petitioner, the attending Doctor of the Unit Hospital had diagnosed him to be suffering from “Alcohol Withdrawal Syndrome”. Accordingly, the petitioner was advised to consult a Medicine Specialist. The petitioner’s physical and mental condition having deteriorated further, he was admitted in the Lower Assam Hospital & Research Centre at Bongaigaon. The petitioner was discharged from the said Hospital on 18.05.2014. On his discharge, the petitioner reported before the Unit Hospital and the Doctors of the said Unit Hospital, on examining him, advised him to attend the Psychiatric Department of Assam Medical College & Hospital, Dibrugarh, for further treatment. The petitioner, accordingly, proceeded to the Assam Medical College & Hospital, Dibrugarh, and was admitted in the said Hospital on 24.05.2014. The petitioner was discharged from the said Hospital on 18.06.2014. However, after few days from his such discharge, the petitioner was again taken ill, for which, he was required to be hospitalized in Bongaigaon Civil Hospital on 30.06.2014. The petitioner was, accordingly, discharged from the said Hospital on 09.07.2014.

Given the ailments suffered by the petitioner, he submitted a representation, dated 29.08.2014, before the Commandant, 8th Assam Police Battalion, praying for permission to proceed on voluntary retirement from service.

The petitioner was again afflicted with the ailments so suffered by him and he is contended to have been bedridden on account of the same w.e.f. 18.09.2014.

The petitioner on regaining his health and also as per the fitness certificate issued to him by the Doctor attending upon him, rejoined his duties on 27.10.2014.

Before the petitioner had rejoined his service, the authorities of the 8th Assam Police Battalion, had vide a notice, dated 23.09.2014, required the petitioner to resume his service within 3 days from the date of the said notice.

As projected in the writ petition, the petitioner on receipt of the said notice dated 23.09.2014, through his wife, had informed the authorities about the illness suffered by the petitioner. However, it is contended that the respondent authorities instituted a departmental proceeding against the petitioner and issued to him, a Show Cause Notice, dated 10.10.2014, alleging therein that he was unauthorizedly absent from his duties w.e.f. 18.09.2014 and had not resumed his duties inspite of receipt of the notice, dated 23.09.2014.

The petitioner submitted his written statement in the matter on 27.10.2014, and enclosed thereto, all relevant documents pertaining to the medical treatment received by him for the ailments suffered by him. The disciplinary authority, on perusal of the written statement submitted by the petitioner in the matter, finding it to be not satisfactory; proceeded to direct for holding of an inquiry in the matter. The Inquiry Officer, accordingly, held the inq