JUDGMENT :

1. Through the medium of instant petition, the petitioner has challenged order bearing No. 8959991/GCJ/02(E)16614-22 dated 14.12.2002 issued by respondent No. 5, whereby the petitioner has been removed from service with effect from 21.11.2002. Challenge has also been thrown to the departmental proceedings and the charges framed against the petitioner vide memorandum No. Estt/8959991/GCJ/02(E)/10888 dated 08.08.2002. The petitioner has also sought a direction upon the respondents to reinstate him into service with all consequential benefits.

2. Briefly stated, the case of the petitioner is that he was appointed as a Constable on 09.06.1989, whereafter he was promoted as L/Naik in the year, 1998. It is averred by the petitioner that in January 2002, his wife was to be operated upon and he applied for leave when he was posted in Srinagar. The petitioner was granted 8 days casual leave with effect from 24.01.2002 to 03.02.2002. The petitioner joined his duties again at Srinagar and underwent a training course. As the wife of the petitioner was still under treatment, he again applied for leave and the Company Commander sent the petitioner on leave. During the leave period, the