ORDER

1. Rule. With the consent of Counsel for the parties the petition is taken up for final hearing.

2. This writ petition challenges the discharge of the petitioner from service upon incurring 4th red entry for repeated overstay after the petitioner's leave expired on 2.4.2002. The relevant policy for a habitual offender on consideration for discharge under Rule 15 (2) (g) (ii) of the Air Force Rules, 1969 reads as follows:

(a) Total number of punishment entries six and above (including red and black ink entries).

(b) Four red ink punishment entries.

(c) Four punishment entries (red and black ink entries) incurred for repeated commission of any one specific type of offence such as disobedience, insubordination, absence without leave, breaking out of camp, offences involving alcohol, mess indiscipline, use of threatening and abusive language.

3. The petitioner, on having been incurred three punishment entries, was duly warned in writing by his Commanding Officer on 20.2.2002 to desist from further acts of indiscipline as any additional punishment entry would entail his discharge from service under the habitual offenders policy.

4. Inspite of the aforesai