ASHIM KUMAR BANEARJEE, J. - (1.) The instant appeal was filed by the union of india being aggrieved by the judgment and order dated july 12, 2004 passed in W.P.No.174of 2003 filed by the respondent abovenamed.
(2.) The respondent/petitioner was an employer of Nehru yuwa kendra Kamorta. The writ petitioner was on leave for the period from february 12, 1996 to February 25, 1996. He applied for extension up to 22nd March 1996. He joined on 23rd March, 1996 and saved the appellant till 20th May, 1996. The appellant by an order dated 19th April, 1996 asked the writ petitioner to hand over charge. According, the writ petitioner handed over charge on 20th May, 1996. However, he was neither assigned a memorandum duty after 20th May, 1996 nor he was paid salary since january, 1996 On November 5, 1996 the appellant authority issued a mmorandum where in it was stated that a disciplinary proceeding was contemplated as against the writ petitioner/respondent for long unauthorised absence The authority observed that the request for regularization of such unauthorized absence would be considered after receipt of appropriate documents. However, this was without prejudice to the displimary proceeding 'already initiated" against him by the head office.
(3.) The writ petitioner immediately replied by his letter dated 8th November, 1996 and submitted relevant doucument regarding his ailments for consideration of the authority. The authority remained silent on the issue for about 3 and 1/2 years and ultimately issued a show cause on 10th November, 2000. The principal allegations as against the writ petitioner/respondent were as follows: (i) The writ petitioner/respondent had relationship with one Ms. shanti, a coemployee, who became pregarant due to such illicit reationship and the writ petitioner/respondent was responsible for the same. (ii) Since March, 1996 the writ petitioner/respondents was running his own business at Port Blair and absented from duty with out obtaining prior permision.;