Samaresh Banerjea, J.

In the present writ application, the petitioner, who was a constable in Central Industrial Security Force at Hindusthan Fertiliser Corporation Ltd., Durgapur Unit, has challenged his order of dismissal dated 21.7.92 passed in a disciplinary proceeding.

2. Admittedly, the petitioner while in service proceeded on out pass to his native place from 17.12.87/1500 hrs. to 19.12.87/1800 hrs. Admittedly, the petitioner could not return within the aforesaid time but reported for duty at 06.44 hours on 20.12.87 and was allowed to join his duties.

3. Thereafter, admittedly a disciplinary proceeding was initiated against the petitioner on the following two charges :

"Article of Charge I : A gross misconduct and indiscipline in that No. 834310050 constable P. Hembram proceeded on out pass for his native place from 17.12.87/1500 hrs. to 19.12.87/1800 hrs. with the direction to report back for duty on 19.12.87/1800 hrs. but failed to report back on due date and time i.e. 19.12.87/1800 hrs.

Article of Charge II : A gross misconduct and indiscipline act in that No. 834310050 constable P. Hembram over-stayed his out pass permission granted to him and further fail to inform a