GAMBHIR DEKA Vs. REGISTRAR, GAUHATI UNIVERSITY

JUDGEMENT

(1.) Heard Mr. JI Borbhuiya, learned counsel for the petitioner and Mr. U Sharma, learned counsel for the respondent Nos. 1 and 3 and Mr. SD Roy, learned counsel for the respondent No.2 who appears on behalf of Mr. A Chamuah.

(2.) The facts of the case may be noted at the outset. The petitioner was appointed as a personal peon and attached to respondent No.3 vide communication dated 31.08.1998 (annexure-1). By the said order, he was asked to join the office of the respondent No.3 immediately and accordingly, the petitioner joined his post on 01.09.1998. While the petitioner was working as such, on 01.11.2016 (Annexure-4), he was asked to show cause as to why he was absent continuously since 18.10.2016 without prior intimation. The petitioner was asked to submit his reply within 10 days from the date of issuance of the said show cause notice. However, as the petitioner did not submit his reply, another letter dated 30.11.2016 (Annexure-5) was issued to him asking him to give his reply by 12.12.2016. The petitioner received the said communication and vide his letter dated 12.12.2016 (Annexure- 6), he informed the respondent Nos. 1 and 2 that since he was suffering from Jaundice and Fatty Liver he was absent since 18.10.2016. However, he was now fit to join his duties as per the doctor's advice and he prayed that he may be allowed to resume his duties. Along with his letter, the petitioner enclosed a medical certificate to substantiate his explanation.

(3.) The respondent No.2, however, not being satisfied with his explanation issued him another letter dated 13.12.2016 (Annexure-8) asking him to submit the details of his medical treatment including the doctor's prescription and laboratory report etc. for further consideration. The petitioner was asked to submit such details within a period of ten days from the date of issuance of the said letter. The period of absence of the petitioner as per this communication was said to be from 07.10.2016. The petitioner being aggrieved have thus approached this Court by filing this writ petition.