JUDGMENT :

A.M. Khanwilkar, J.

This appeal challenges the judgment of the Division Bench of the High Court of Judicature at Patna dated 23rd June, 2009, in LPA No. 995 of 2008. By that decision the Division Bench disposed of the appeal preferred by the appellants, while affirming the order of the learned Single Judge of the same High Court in CWJC No.6289 of 2005, decided on 15th July, 2008.

2. Briefly stated, the respondent at the relevant time was working in the rank of Corporal in 27th Wing of Air Force and was posted at the Air Force Bhuj Station in the State of Gujarat. Departmental action was taken against him for over staying the leave period. Charge sheet was served on him dated 18th June 2004, which reads thus:-

CHARGE SHEET

The accused, 722779 H Cpl Mishra D MT Tech of 27 Wing, AF an airman of the regular Air Forces is charged with :

First Charge
Section 39(b) AF ACT 1950

WITHOUT SUFFICIENT CAUSE OVERSTAYING LEAVE GRANTED TO HIM

In that he,

At 27 Wing. AF having been granted leave of absence from 12 Apr 03 to 27Apr 03, overstayed the said leave without sufficient cause until he surrendered himself to 629555 Sgt Singh RK IAF/P at Main Guard room of 27 Wing, AF at 1000 hrs on 20 Mar