1. Heard Mr. A.R Malhotra, learned counsel for the petitioner as well as Ms. Zairemsangpuii, learned CGC for all the respondents.

2. The petitioner has challenged the Order dated 19.10.2009, issued by the respondent No. 4, by which he has been dismissed from service and also the Letters dated 25.05.2010 and 09.08.2010, by which the appeals submitted by the petitioner to the respondents, have been rejected.

3. Brief facts of the case is that the petitioner, who was serving in the Frontier Headquarters, Border Security Force (BSF), Jalandhar was posted to 120 Bn BSF at Lunglei, Mizoram on 20.05.2008. He was issued Movement Order on 25.07.2008. However, the petitioner, who was on leave, did not join his place of posting at 120 Bn BSF at Lunglei, Mizoram. Despite letters issued by the State respondents to the petitioner to join his post, the petitioner did not do so and instead, wrote letters to the authorities stating that he was medically unfit to go to 120 Bn BSF at Lunglei. The petitioner thus prayed for extension of leave by his letters.

4. Consequent to the above, a Court of Inquiry (COI) was held against the petitioner under Section 62 of the BSF Act, 1968, wherei