JUDGMENT :

Heard Mr. S.K. Sharma, the learned counsel for the petitioner and Mr. Akashdeep, the learned counsel for the respondents.

2. The petitioner has preferred this writ petition for quashing the order dated 16.07.2003 contained in Annexure-3. Further prayer is made for quashing the order dated 17.07.2003 whereby the petitioner has been dismissed from the service. The prayer for consequential benefits has also been prayed for.

3. The petitioner is a permanent resident of the State of Jammu and Kashmir. The petitioner was working as constable in 22nd Bn., CRPF, at Hazaribagh had submitted leave application before respondent no.3 for grant of leave of 10 days w.e.f. 06th September, 2002. The petitioner was allowed the said leave and was proceeded on leave and was required to join on 19.09.2002. On 12.09.2002, the petitioner received a letter from militant organization calling him not to go back till some enquiry regarding his involvement. The petitioner because of threat to his family members by militant organization, the petitioner was forced to stay at home and could not resume the duty before 19.09.2002. The petitioner sent telegram to that effect to the respondent no.3. The let