P. VENKATARAMA REDDY, J.

( 1 ) THE petitioner worked as Sepoy (Craftsman) in E. M. E. of the Indian army. He was attached to 115 Engg Regiment which, according to the petitioner, is a mobile unit. The petitioner served in operation pawan in Srilanka in the year 1989. While the Regiment was in Poone, a charge-sheet was issued to him on two grounds. One is overstaying on leave granted to him and the other is absenting without leave, which are offences under Sec. 39 (b) and (a) of the Army Act respectively. The substance of the charge is that he was granted leave of absence from 13-10-1989 to 1-11-1989 to proceed to his home town but without sufficient cause he failed to rejoin the Unit on 2-11-1989, he having rejoined only on 14-12-1989. Thus he overstayed after leave for 43 days. The second charge is that on 7-4-1990 he left the Unit lines without grant of leave and rejoined at Poone on 28-6-1990. Thus he unauthoriscdly stayed away from duly for 83 days. At the relevant point of time when he unauthoriscdly left the regiment, he relumed from Sri Lanka from operation Pawan and was due to be sent to operation Samaritan". The petitioner belonged to a technical cadre working as vehicle

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