( 1 ) THE petitioner in this case was a Gunner working in the office of respondent No. 3. He proceeded on 36 days annual leave from 26/01/1992 to 3/03/1993. The said leave was allegedly sanctioned by the respondent no. 3. Allegedly, while availing the said leave, he fell into a khud in his village on 26/02/1992, as a consequence whereof, he sustained contusion in his right leg. He was taken to the nearby doctor at Thural, Himachal Pradesh and he was under his treatment from 26/02/1992 to 9/03/1992. He allegedly was admitted to the Government Medical College at Thural wherein also he remained under treatment from 10/03/1992 to 15/04/1992. A purported information to the said effect was sent to the Commanding Officer of the Unit of the petitioner. The petitioner rejoined his duties on 23/04/1992 and produced his medical certificate. On 25/04/1992, he was informed that he would be tried by a Summary Court Martial. The charges against the petitioner are as follows:

"aa SEC 39 (b) without SUFFICIENT CAUSE overstaying LEAVE GRANTED TO HIM, in that he, at field on 13/01/1992, having been granted leave of absence from 13/01/1992 to 17/02/1992 to proceed to his home, failed with