Janak Raj Kotwal, J.

1. In this writ petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, petitioner, who was a Follower on probation in the Jammu and Kashmir Armed Police (JKAP) VI-Bn. has assailed Order No. 98 of 2008, dated 25.01.2008 whereby the Commandant of the Battalion has discharged him from service with effect from 03.11.2007. Heard learned counsel for the parties and perused the record.

2. The petitioner was appointed and enrolled in JKAP VI-Bn. vide Order No. 158 of 2005, dated 17.03.2005 and vas on probation for three years. The Commandant of the Battalion discharged the petitioner from service in exercise of his power under Rule 187 of the Jammu and Kashmir Police Rules, 1960 (for short, the Rules).

3. Point raised in this writ petition is that the sole cause of petitioner's discharge was his unauthorized absence from duty. Absence from duty is misconduct in service and discharge of the petitioner without holding departmental inquiry against him is illegal and violation of Article 311 of the Constitution of India (for short the Constitution) read with Section 126 of the Jammu and Kashmir Constit