DAVE. C.J.—This is a writ application under Art.226 of the Constitution of India.

2. It is common ground between the parties that petitioner Shyamsingh was enlisted as a Constable in the Central Reserve Police Force on 3rd March, 1948 at Headquarter Neemuch. In 1958, the headquarter of the 3rd Battalion of the said Police Force was shifted to Ajmer. He made an application on 31st July, 1958 for grant of leave. He was granted leave for 56 days which was due to expire on 5th October, 1958. Before the expiry of that leave, he sent an application dated 3rd October, 1958 for extension of his leave by 20 days. It was received in the office of the Officer Commanding on 6th October, 1958, but it was refused on 10th October, 1958. Thereafter, he sent in his resignation to the Commandant, 3rd Battalion, Central Reserve Police Force, Ajmer, but it was not accepted and since he failed to join the duty, he was proclaimed as a deserter. Respondent No.2 passed orders for his arrest. The petitioner having come to know of this, surrendered himself on 21st May, 1959. Thereafter, he was prosecuted under sec. 19 (m) of the Central Reserve Police Force Act, 1949, which will hereinafter be referred as th

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