KHOGEN CH. BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S Nath, learned counsel appearing for the petitioner. The State respondents are represented by the learned Govt. Advocate Ms. K Devi.

(2.) The petitioner is serving as a Forest Guard in Logging Division of Tinsukia District. He remained absent from duty for about 1398 days w.e.f. 1.2.2001 to 25.2.2001 and it appears that the absence was on account of arrest and imprisonment of the petitioner in a murder case. The learned Sessions Judge, Tinsukia on 30.4.1997 in Sessions Case No.60(T) of 1993, convicted the accused under Section 302 IPC and sentenced him to life imprisonment. But the High Court gave him the benefit of doubt in the Crl. Appeal No.174/1997 and set aside the conviction.

(3.) After his release from the Jail, the petitioner was allowed to resume his duties w.e.f. 26.2.2001, but through the order dated 28.10.2002 (Annexure-V), the Conservator of Forest has ordered the period of absence to be treated as leave without pay and accordingly the present case is filed with a prayer for salary for the period of absence.