JUDGMENT :

V.P. Vaish, J.

By way of the present petition, the petitioner seeks setting aside of the impugned order dated 18th January, 2002 and order dated 5th September, 2002 passed by respondent No. 4 and also for reinstating him in service with all consequential benefits.

2. Succinctly stated, the facts leading to the filing of the present petition are that the petitioner was appointed as a constable (General Duty) in the Border Security Force (BSF) on 15th January, 1990. On completion of his training, the petitioner was posted to the 111 Battalion, BSF at Nagaland and was later transferred to 55 Battalion, BSF.

3. It is stated that while the petitioner was rendering services in the 55 Battalion, BSF, in September, 2000, his father fell seriously ill. The petitioner alleged that he was neither informed of the illness of his father by the authorities, nor was he allowed to go on leave.

4. It is also stated by the petitioner that the then Commandant of the 55 Battalion had called the petitioner and asked him to avail leave to go home and see his ailing father. However, the father o