ANANTA PRASAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Sarma, assisted by Mr. S. Baruah, learned counsel for the writ petitioners in both the writ petitions. Also heard Mr. J.K. Goswami, learned Government Advocate, Assam, appearing for the respondent no. 1. Mr. H.K. Das, learned Standing Counsel, Gauhati High Court has appeared for the respondent nos. 2 and 3.

(2.) The petitioners in both the writ petitions, are related to each other as husband and wife. Being aggrieved by the orders of the Disciplinary Authority, both dtd. 01/08/2017, imposing the minor penalty of withholding two increments despite regularizing their period of unauthorized absence against the applications for Earned Leave/Commuted Leave, these two writ petitions have been filed inter-alia contending that after regularizing the period of absence of the petitioners against Earned Leave/Commuted leave applications, there was no occasion for the authorities to impose the penalty on the grounds of unauthorized absence from duty.

(3.) The facts and circumstances involved in both the writ petitions are identical in nature with the only exception that while the writ petitioner in WP(C) 6490/2017 i.e. Sri Ananta Prasad had applied for Earned Leave (EL) for the period from 27/06/2016 to 26/08/2016, his wife Smt. Anjuma Begum, who is the writ petitioner in WP(C) 6492/2017 had applied for Commuted Leave (CL) for the same period. For the purpose of disposal of both these writ petitions, I propose to refer to the facts involved in WP(C) 6490/2017.