THE GAUHATI HIGH COURT v. The Union of India and 4 Ors

BEFORE HONOURABLE MR. JUSTICE KARDAK ETE Date : 29.06.2026 ORDER Heard Mr. A. Bhattacharjee, learned counsel for the petitioner. Also heard Mr. M. Kato, learned Dy.S.G.I. for the Union of India, representing all the respondents.

2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to allow him to join and resume his duty as a Multi- Tasking Staff (MTS) in Sainik School, Niglok, East Siang District, Arunachal Pradesh. The petitioner was appointed as an MTS employee on 24.08.2018 in Sainik School, Niglok, East Siang District, Arunachal Pradesh.

3. The petitioner was appointed as an MTS on 24.08.2018 in Sainik School, Niglok, East Siang District, Arunachal Pradesh. While serving in the said School, Page No.# 3/5 the petitioner was placed under suspension by an order dated 26.10.2023 and was subjected to a departmental enquiry on allegations of manhandling and misbehaving with his colleague in the said School. The suspension of the petitioner was revoked by an order dated 18.11.2023 and a penalty of withholding two annual increments was imposed upon the petitioner.

4. It is projected by the petitioner that he had joined his service after revocation of his suspension order on 18.11.2023 and continued his duties. In the meantime, on 18.04.2024, while he was returning from duty, two unknown persons intercepted him and threatened him with dire consequences, for which the petitioner reported the matter to the Principal of the said School. Considering such threat by some unknown persons, the petitioner requested for allotment of a quarter within the campus of the School. However, no quarter was allotted, thereby putting the petitioner's life at risk. Under such circumstances, the petitioner could not continue his duties and in the process, it took him a few months to rejoin his duties, as there was a continuous threat to his life. It is submitted that after a few months, he rejoined his duties at the said School. However, the respondent authorities have not allowed him to resume his duties.

5. Mr. A. Bhattarcharjee, learned counsel for the petitioner fairly submits that the petitioner has remained absent from his duties for a few months. However, the same was due to the threat exerted by unknown persons as well as his health issues. Therefore, the petitioner is ready to approach the respondent authorities with a fresh representation along with the required medical certificate for regularization of his absence period in accordance with the provisions of law and as such, the petitioner may be allowed to file a fresh representation along with the required documents and a direction may be Page No.# 4/5 issued to the respondent authorities to consider the same.

6. Mr. M. Kato, learned Dy.S.G.I., by referring to the affidavit-in-opposition filed on behalf of the respondents, submits that the respondent authorities have never refused the petitioner's request for campus accommodation or denied him permission to resume his duties upon submission of a medical fitness certificate from a recognized Psychiatrist or Specialist. The accommodation will only be provided after he joins his duties with a valid medical fitness certificate and upon regularization of his 334 days' unauthorized absence, i.e., with effect from

29.04.2024 to 28.03.2025, which requires a proper leave application.

7. Considered the submissions of the learned counsel for the parties and also perused the material available on record.

8. Admittedly, the petitioner remained absent unauthorizedly for 334 days. Though the petitioner claims to have been threatened by some unknown persons, there is no material on record to show that there was, in fact, any threat to the petitioner, as no complaint was made to the police.

9. The contention of the petitioner that he had to remain unauthorizedly absent for 334 days due to fear of threat and medical issues does not appear to be believable. However, since the respondent authorities themselves are ready to accept the petitioner's service, provided the petitioner submits a valid medical fitness certificate from a recognized Psychiatrist or Specialist and the accommodation will be provided after rejoining with the said valid certificate and regularization of the absence period by submitting a proper leave application, I am of the considered view that without determining the acceptability or otherwise of the petitioner's unauthorized absence, the interest of justice would be served if the petitioner is directed to submit the medical fitness certificate for Page No.# 5/5 regularization of the absence period along with a proper leave application.

10. Accordingly, without going into the merits of the matter as to the acceptability or otherwise of the grounds for remaining unauthorized absent, the present writ petition is disposed of with a direction to the petitioner to submit a fresh representation before the Principal, Sainik School, Niglok, East Siang District, Arunachal Pradesh, along with a valid medical fitness certificate from the concerned doctor(s) and a proper leave application. On receipt of the said representation along with the requisite documents, the respondent authorities shall consider and dispose of the same in accordance with the applicable rules.

11. Needless to observe that if the unauthorized absence of the petitioner is regularized as per the applicable rules, the petitioner shall be allowed to resume his duties forthwith.

12. The writ petition stands disposed of in terms above. Comparing Assistant JUDGE