A.K.Tripathi, J.

1. Heard learned counsel for the parties.

2. Petitioner was a constable appointed under the Border Security Force. At the relevant time he was posted in the State of Jammu & Kashmir. He was granted 60 days earned leave by his Commandant from 13.6.1994 to 14.8.1994. It is his case that he was afflicted by Jaundice and sought extension of the said leave by another 42 days i.e. 16.8.1994 to 26.9.1994. His prayer of extension of leave too was granted but even after expiry of this period of leave the petitioner did not report for almost 214 days. It is that prolonged absence from duty without authorization which compelled the authority to initiate a Court of Enquiry against him and on the finding of the said Court of Enquiry and in absence of the petitioners effort to put up any defence or explanation the competent authority by virtue of Annexure-5.decided to dismiss him from service on the ground that his unauthorized absence without reasonable cause had made his retention in the force undesirable. He came to be dismissed with effect from 28.4.1995.

3. Petitioner has challenged the said order including the order of rejection of his appeal in the present writ a