1. The petitioner entered the service as a directly recruited Gr-II Police Constable through selection conducted by Tamil Nadu Uniformed Services Recruitment Board in May 1999.

2. While so, the petitioner was issued with a charge memo under Rule 3(b) of Tamil Nadu Police Subordinate Services (D & A) Rules in PR No.39/2004 dated 26.10.2004 on the following allegations:-

"Highly reprehensible conduct while working as constable in TSP Special Force entered casual leave from 26.06.04 to 30.06.04, extended the casual leave from 1.7.04 to 5.7.04, did not report for duty on 6.7.04 and after completion of leave, in violation of the rules entered medical leave from 6.7.04 to 15.07.04 and did not report for duty thereafter and absented from duty without information, permission or leave for more than 20 days and thus declared as a deserter and did not appear before the Commandant within 60 days from the date of desertion and hence the desertion was confirmed on 30.10.04."

3. The crux of the allegation was that the petitioner absented from duty without permission for more than 20 days and thus, he was declared as a deserter.

4. Thereafter, an enquiry was conducted. The petitioner