ARUIT PASAYAT, J:- CHALLENGE IN THIS APPEAL IS BY THE UNION OF INDIA AND ITS FUNCTIONARIES TO THE JUDGMENT RENDERED BY A LEARNED SINGLE JUDGE OF THE JAMMU AND KASHMIR HIGH COURT HOLDING THAT THE ORDER OF REMOVAL FROM SERVICE PASSED BY THE DEPARTMENTAL AUTHORITIES IN TERMS OF SECTION 11 (1) OF THE CENTRAL RESERVE POLICE FORCE ACT, 1949 (IN SHORT "THE ACT") READ WITH RULE 27 OF THE CENTRAL RESERVE POLICE FORCE RULES, 1955 (IN SHORT "THE RULES") IS WITHOUT JURISDICTION.

2. THE BACKGROUND FACTS NEED TO BE NOTED IN BRIEF: THE RESPONDENT AS A CONSTABLE IN CENTRAL RESERVE POLICE FORCE (IN SHORT "CRPF") JOINED THE DUTY AT SRINAGAR AFTER BEING DETAILED FOR DUTY FROM ASSAM ALONG WITH A GROUP OF FRESH TRAINEES. HE APPLIED FOR LEAVE ON 18-1-1992 WHICH WAS SANCTIONED. HE REPORTED FOR DUTY LONG AFTER THE SANCTIONED LEAVE PERIOD WAS OVER ON 8-12-1992. DEPARTMENTAL PROCEEDINGS WERE INITIATED FOR MISCONDUCT ON ACCOUNT OF OVERSTAY BEYOND SANCTIONED LEAVE FOR 315 DAYS WITHOUT PRIOR PERMISSION OR SANCTION FROM THE COMPETENT AUTHORITY. ON 21-61993 ON THE BASIS OF THE REPORT OF THE INQUIRY OFFICER, THE COMPETENT AUTHORITY PASSED ORDER OF REMOVAL FROM SERVICE. THE SAME WAS CHALLENGED BY THE RESPONDENT BY