Before Arun Kumar Mitra, J.

( 1 ) THE writ petition relates to challenge of charge-sheet, inquiry proceeding and a command order directing the petitioner to join the inquiry. Facts in brief are inter alia as follows : -The petitioner is a Constable in the Railway Protection force of C and TE/undal under Asnasol Division, Eastern Railway. The petitioner was charge sheeted and the charges are ; gross misconduct and negligence of duty and it was clarified as :

"when he was working at RPF/tm-Post/chh/crj he was spared to avail one day rest, two days CR, one day cpl and four days CL w. e. f 19. 8. 1995 to 26. 08. 1995 and was supposed to resume his duty on 27. 08. 1995 but instead of joining his duty he overstayed w. e. f. 27. 8. 1995 to 11. 3. 1997 without any authority and proper intimation. " "further when working at C and TE/op/udl he was spared for 30 days lap on 24. 04. 1998 and was supposed to join his duty on 24. 05. 1998 but he overstayed till 31. 07. 1998. "

( 2 ) ACCORDINGLY, the petitioner is a habitual absentee or habitual offender regarding overstay. On these charges the inquiry was started; inquiry continued; the petitioner submitted his representation.

( 3 ) ACCORDING t

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