1. The petitioner has averred that he was working as Upper Division Clerk in 45 Bn. B.S.F. which post was combatised as that of Sub Inspector. In the first week of December 1971, the wife of the petitioner was taken ill at kupwara and he proceeded on leave. The illness of the petitioners wife took a serious turn and the petitioner had to leave for Srinagar for her treatment. The petitioner left an application for leave and proceeded to Srinagar. After recovery of his wife from illness the petitioner tried to join the Battalion on his post but was not allowed to do so. Ultimately order No. 2201/2ESTT (Annexure A) was issued under Rule 27 of B.S.F. Rules and the petitioner was retired from service. The above mentioned rule, it is submitted does not authorise the Commandant respondent . to retire the petitioner but only gives him right to recommend for his retirement which ultimately rests with the Dy. Inspector General to pass appropriate orders thereon. This power however, can be exercised by Dy. Inspector General (B.S.F.) after asking the petitioner to show cause and after holding enquiry in the matter. The Rule, it is submitted, was not observed in letter and spirit with the resu

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