Judgment

JUDGMENT :- The respondent who was deputed to undergo a course as an electrician sought leave for 10 days on December 10, 1982, which was granted. While he was on leave he sent a telegram for extension of leave by 12 days which request came to be rejected. The respondent, however, joined duty on December 22, 1982 thereby overstaying the period of leave by 12 days. For this mis-demeanor his services came to be terminated by an order dated May 7, 1983. His departmental appeal as well as revision were also rejected, whereupon he filed a writ petition in the High Court challeging the order of termination which writ petition came to be allowed by the order of January 3, 1989. The petitioner was directed to be reinstated with all monetary and other service benefits. It is against this order that the present appeal is preferred.

2. Mr. Jain the learned counsel for the appellant Union of India contended that the interpretation placed on Section 11(1) of the Central Reserve Police Force Act, 1949 (hereinafter called the Act) is not correct and it is on account of this erroneous understanding of the provision that the High Court quashed the order of dismissal. In support of his conten