R.Jayasimha Babu, J.

The respondent who was the writ petitioner was employed in the Central Industrial Security Force in it's unit at Madras Port Trust. He had joined the force in the year 1987. On 13.11.1990 he was served with a memorandum proposing to hold an enquiry against him on the imputations of misconduct which were set out in the annexure to that memorandum. The Articles of charge are as set out below:

"STATEMENT OF ARTICLE OF CHARGE FRAMED AGAINST NO.873280147 CONSTABLE S.K. DAS (U/S) OF 'B' COY OF THIS UNIT.

Article of Charge No.I

No.873280147 Constable S.K. Das of "B' Coy of CISF Unit, MPT, Madras deliberately deserted from Unit (his residence) w.e.f. 04.09.1990 (FN) to 17.09.1990 in which he failed to turn up for 'C' Shift duty on 04.09.1990 without prior permission from the competent authority. This act of Constable S.K. Das tantamounts to gross misconduct and dereliction of duties being a member of an Armed Force.

Article of Charge No.II

CISF No.873280147 Constable S.K. Das of 'B' Coy, CISF Unit, MPT Madras deserted from his residence after taking 3 days medical rest w.e.f. 26.09.1990 (AN) to 29.09.1990 (AN) without permission from the competent authority. Furt