( 1. ) THE petitioner, who was rifle-man in the 1st Battalion, has suffered penalty of dismissal from his services by order (Annexure V) dated 13-2-87. The appeal preferred by the petitioner was also dismissed by order dated 26-11-87 (Annexure X) by the Deputy Inspector General, West Zone, central Industrial Security Force, Bombay.

( 2. ) THE petitioner faced the following two charges:-

(i) "gross misconduct and indiscipline in that CISF No. 7518174 const. Lekh Ram was absent from Unit line without any permission or authority from 2300 hrs. to 26-8-1986 hrs. on 3-10-1986. "

(ii) "gross misconduct and indiscipline in that CISF No. 7518174 const. Lekh Ram disobeyed that the orders issued to him to turn-up from Dy. Commandants orderly room on 3-10-86 by hc/cjm T. Nagaratinam and thus did not turn-up for orderly room of Dy. Commandant. "

( 3. ) THE Enquiry Officer after enquiry, submitted a report on 7-2-87 (Annexure VIII ). Thereafter, disciplinary authority vide order, Annexure -V passed penalty of dismissal from services of the petitioner. ( 4. ) THE contention of the learned Counsel for the petitioner is as under:-

(i) That, the petitioner has submitted explanation for his absen