I.A. Ansari, J.

1. This is an appeal against the judgment and order, dated 12.06.2007, passed, in WP(C) No. 8954/ 2004, by a learned Single Judge of this Court, whereby the learned Single Judge, while not interfering with the findings of guilt reached against the writ petitioner-respondent, directed imposition of any punishment save and except dismissal from service. We have heard Mr. A.K. Bora, learned Central Govt. Counsel, appearing on behalf of the appellant, and Mr. H.R.A. Choudhury, learned senior counsel, for the writ petitioner-respondent.

2. While considering the present appeal, let us take note of the three Articles of Charges, whereunder the writ petitioner faced a disciplinary proceeding. The Articles of Charges read as under :

ARTICLE-I. That No. 921240598 Ct/GD Arfan Ali of HQ Coy 104 BN RAF, CRPF, committed an act of misconduct in his capacity as a member of the Force under Section 11(1) of CRPF Act 1949 in that he overstayed leave w.e.f. 27.05.2002 to 15.08.2002 without leave or permission from the competent authority which is prejudicial to good order and discipline of the Force.

ARTICLE-II That during the aforesaid period and while functioning in the aforesaid