1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner is seeking following reliefs:

(i) That, this Hon'ble Court be pleased to issue a writ, order or direction in the nature certiorari thereby quashing the sentence passed by the respondent No.3 on 25th September, 1999.

(ii) That, this Hon'ble Court be pleased to issue a writ, order or direction in the nature of mandamus thereby directing the respondents immediately reinstate the petitioner in service with all consequential benefits including pay and allowances.

2. The contention of learned counsel for the petitioner is that petitioner applied for leave and without obtaining its sanction he proceeded on leave and did not join duty for 33 days as a result of which the petitioner was subjected to a departmental enquiry. The following charges were framed against the petitioner:

Charge No.1 : Absenting himself without leave -- In that he, on 14 August 1999 at 1400 hrs. while dispatched from FN HQ to report to his Coy for duty at BQF Basti Ram Lal absented himself without leave till 16.9.1999 (FN).

Charge No.II : An act prejudicial to good order and discipline of the Force -- In that he, in the month