ANIL KUMAR, J.

1. The petitioner has sought quashing of order dated 18th July, 2007 dismissing him from the service and direction to the respondents to reinstate the petitioner into service without prejudice to any of his rights and contentions.

2. The petitioner has contended that he was posted at 176th Battalion CRPF when he was dismissed from service by order dated 18th July, 2007 passed by the Commandant, 176th Battalion, CRPF, Greater Noida. The petitioner alleged that he was appointed as constable and he had been performing his duties to the post to the best of his ability.

3. According to the petitioner, he was declared as a proclaimed offender and departmental proceedings were initiated against him. Article of Charges were framed against him alleging him to be a deserter on three different occasions. The petitioner contended that the charges of desertion were framed against him despite the knowledge of the respondents that the wife of the petitioner was unwell and was suffering from acute vulnerable diseases as Typhoid and Poly menherea which has led to her abortion of two months pregnancy.

4. The petitioner pleaded that his wife was in an acute physical disturbed s