In this petition, preferred under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu & Kashmir State, challenge is thrown to an order No. D.IX/Estt-I/19/92/13736-55 dated 28/12/1992, whereby Commandant of 19th Bn. of BSF dismissed the petitioner from service and treated the period effective from 29/09/1992 to 27/12/1992 as `dies non and further challenge is to the order No. 13/68/94-RECTT/BSF/2125-29 dated 23/03/1995 issued by the Ministry of Home Affairs, by virtue of which the representation made by the petitioner for re-instatement, has been rejected by the Additional DY. Director (Estt), as constable in the Border Security Force. Order passed by the Commandant, 19th Bn. of BSF, challenged in the writ petition and referred to above, is being reproduced as under:-

"OFFICE OF THE COMMANDANT 19 BN B.S.F. C/O 56 APO.

No. D.IX/Estt-I/19/92/13736-55 Dated: 28 Dec 92.

ORDER

Whereas, I have gone through the case of absence without leave against No. 89005099 Const DWARIKA NATH MISHRA, D Coy of this unit. He was given opportunity to explain the cause for his prolonged absence vide this office letter No. D.IX/Estt-I/19/92/12804 dated 10 Dec 1992, which

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