Prem Shanker Asopa, J.-This special appeal is directed against the order of learned Single Judge

dated 012.2002, whereby the writ petition filed by the respondent-petitioner against the dismissal order has been accepted in part and the dismissal order dated 24.05.1989 and the appellate order dated 24.02.1997 have been modified by imposing penalty of withholding six grade increment with future effect instead of dismissal. The learned Single Judge has also directed that 50% of back-wages be also paid from the date of filing the writ petition.

2. Briefly stated the facts of the case are that the petitioner-respondent was appointed as Constable in the Border Security Force on 13.06.1975. Thereafter, he was promoted from time to time. On 110.1988 the respondent-petitioner was sanctioned three days casual leave. After expiry of the said period of three days the respondent-petitioner did not turn up on duty and sent several applications and telegarm for extension of the leave on medical grounds. A show-cause notice was issued on 30.04.1989 against the proposed action of dismissal to the respondent-petitioner but it is stated that the same was not received by him. When the respond