JUDGMENT :

Gurpal Singh Ahluwalia, J.

1. This petition under Article 226 of the Constitution of India has been filed against the order dated 16-1-2017 passed by respondent no. 1 by which the punishment of termination imposed by respondent no. 3, has been modified to Compulsory Retirement.

2. The facts necessary for disposal of this petition in short are that the petitioner was working as Forest Guard. A charge sheet dated 11-12-2010 was issued to the petitioner on the following charges:

1. After revocation of his suspension order on 22-8-2009, the petitioner remained on unauthorized absence till 24-11-2009.

2. Letter dated 31-10-2009 was sent to the petitioner thereby directing him to report on duty. When the peons were affixing the letter on the wall of the house of the petitioner, then they were attacked by the wife and son of the petitioner, and the cycle of the peons was snatched.

3. The petitioner was posted as O.S.D. In game range Sabalgarh, but he is on an unauthorized absence from 1-7-2010.

3. The departmental enquiry was conducted. The Dy. D.F.O. was appointed as enquiry officer. The petitioner did not file any reply to the charge sheet, but participated in the enquiry. The enqu