JUDGMENT :-

Jagdish Singh Khehar, J.

1. By an office memorandum dated 26.10.1995, departmental action was initiated against the appellant who was then holding the post of Constable. He was then posted in the IInd Battalion, Delhi Armed Police, Delhi. The aforesaid action was initiated against the appellant on account of his continuous absence from duty with effect from 18.1.1995. He was served with absentee notice dated 25.5.1995 on 10.6.1995, wherein he was required to resume his duty. Failing which, he was informed that departmental action would be taken against him. The appellant neither resumed his duties, nor responded to the above absentee notice dated 25.5.1995. He was thereupon, issued a second absentee notice dated 24.8.1995, which was served on him on 10.9.1995. It is not a matter of dispute, that after initiating the above departmental proceedings against the appellant, he resumed his duties on 5.12.1995. It is therefore alleged, that his unauthorized and willful absence, extended to a period of 320 days 18 hours and 30 minutes.

2. Inspector Hari Darshan was appointed as the enquiry officer. After culmination of the departmental proceedings, the enquiry officer arrived at t