( 1 ) THE Petitioner has sought the quashing of the impound order, annexure P-6 dated 9. 7. 1994, dismissing him from service.

( 2 ) PETITIONER was enrolled in Border Security Force as Constable on 5. 9. 1989. After completing the basic training, on 18. 6. 1990 he was posted at 209 Bn. , Border Security Force. He went on casual leave with effect from 29. 10. 1993 to 18. 11. 1993 and overstayed leave. It is respondents case that despite notices the petitioner failed to re-join his duty. Though a telegram was sent by him that he was seriously ill, neither any medical documents were submitted, nor petitioner reported to the unit. The following show cause notice was served upon the petitioner on 15. 4. 1994:

"whereas you have been overstaying without leave w. e. f. 24th Nov. 1993 I am of the opinion that because of this overstay without leave of such a long period, your further retention in service is undesirable. I, therefore, tentatively propose to terminate your service by way of dismissal.

WHEREAS, if you have anything to urge in your defence against the proposed action, you may do so before 5th May 1994. In case no reply is received by that date, it shall be presu