JUDGMENT :

KAUSHIK GOSWAMI, J.

Heard Mr. B. Pathak, learned counsel, appearing for the petitioner. Also heard Mrs. B. Sarma, learned C.G.C., appearing for the respondents.

2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is assailing the impugned discharge order dated 25.03.2020 (Annexure-4 to the writ petition), whereby the petitioner was initially awarded the punishment ‘to be dismissed from service ’; however, later on upon being remitted, the punishment was modified to ‘compulsorily retired from service’

3. The brief facts of the case are as follows: -

The petitioner, Ex-Rifleman (General Duty) Sarode Ankush Ramnath was enrolled into Assam Rifles on 31^st October, 2007, and after completion of basic military training, he was posted to 7 Assam Rifles with effect from 7^th November, 2008 to 4^th March, 2020.

It is the specific case of the petitioner that he was granted 90 days Earned Leave plus 10 days journey period with effect from 21^st January 2013 to 30^th April 2013. After termination of the said leave, he was supposed to report on 1^st May 2013 but he failed to do so. Accordingly, the petitioner was declared Over Staying Leave (OSL) with e