1. Heard Mr. A.M. Mazumdar learned senior counsel assisted by Mr. F.K.R. Ahmed, learned counsel for the petitioner. Also heard Mr. A.K. Bora, learned CGC representing the Union of India and others.

2. The legality and correctness of the order dated 15.9.2004 passed by the appellate authority, i.e., the Deputy Inspector General of Police, Rapid Action Force, Central Reserve Police Force, ('the CRPF') affirming the initial order of dismissal of the petitioner from service vide order dated 14.6.2003 passed by the Commandant of the CRPF has been assailed in this writ petition.

3. The pleaded case of the petitioner expressed in this writ petition supported by an additional affidavit is that while the petitioner was enjoying earned leave with effect from 6.5.2002 to 25.5.2002, unfortunately he fell ill and had to be hospitalised that took long time for his recovery. In such process, he overstayed by at least 5 months beyond his sanctioned leave. Meanwhile, to his utter surprise, a warrant of arrest was issued by the authority, however, the same was not executed. He was, thereafter, informed that he was placed under suspension with effect from 15.11.2002.

4. It is also contended that in the

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