The petitioner has come forward to challenge the order of the first respondent dated 18.11.2005 and after setting aside the same seeks for a consequential direction to restore him to service.

2. The petitioner was working as a Constable in the respondent CRPF. He was attached to 12th Battalion. He has come forward to challenge the order dated 18.11.2005 wherein and by which the petitioners appeal against the order of removal was rejected. The charge against the petitioner was that he had unauthorisedly absented himself from 04.02.2003 till 24.01.2004.

3. The writ petition was admitted on 10.03.2006. On notice from this Court, the respondents have filed a counter affidavit. It was stated that the petitioner applied for earned leave with effect from 07.12.2002 to 04.02.2003. He was granted 60 days of leave. The petitioner however, did not join duty and overstayed his leave with effect from 04.02.2003. Since the petitioner did not join and overstayed his leave, a warrant of arrest was issued on 16.04.2003 for his apprehension. He was neither apprehended by the Tamil Nadu State Police nor he reported for duty in his Unit. A court of enquiry was ordered against the petitione