JUDGMENT :

1. The petitioner was appointed as Constable in Sashastra Seema Bal ("SSB" for short) during the year 1975. On 16-07-1995 i.e. after almost 20 years of service, the petitioner left his posting at Group Centre Headquarters/lines, Suderbani at 0755 hours without prior permission from the competent authority. Even after being served with two notices for resumption of his duties by the Group Centre SSB, Sunderbani, the petitioner did not resume his duties. When the notices issued to the petitioner for resumption of duty did not receive any response from the petitioner, a Court of Inquiry was ordered on 15-09-1995 to find out the circumstances under which the petitioner had, without any permission or authority, abandoned his services from Group Centre Headquarters, Sunderbani. On the basis of the recommendation of the Court of Inquiry, the Competent Authority declared the petitioner a deserter with effect from 16-07-1995 vide Order No. 9310-14 dated 26-09-1995.

2. Keeping in view the findings of the Court of Inquiry and regard been had to the service record of the petitioner, the petitioner was also found to be a habitual offender having committed misconduct in as many as 21 ti