This writ appeal is directed against the order dated 2.11.1995 passed in Civil Rule No. 2539 of 1995 by alearned Single Judge of this Court, whereby the above civil rule was dismissed.

2. Facts of the case in brief are that - the writ appellant-petitioner was a Constable in the Border Security Force hereinafter referred to as the BSF. On 16.4.1991 the writ appellant was sent on duty to Morigaon but he did not report and he was found absent without permission. Thereafter, a Court of Enquiry was held as provided under section 62 of the Border Security Force Act, 1968, for short the Act. In spite of issuance of notice to him, the petitioner did not appear before the Court of Inquiry. The Court of Inquiry after examining the witnesses and records held that the appellant has remained absent without any a intimation and as such he is deemed to be a deserter. He was therefore dismissed from service. The petitioner feeling aggrieved, approached this Court challenging the order of dismissal and the learned Single Judge rejected the prayer of the petitioner-appellant and dismissed the writ.

3. In this case, there is no dispute at the Bar that the appellant remained absent