1. The petitioner has sought quashing of the order dated February 21, 2004 passed by the Commandant BSF whereby he was ordered to be dismissed from service and subsequent orders dated May 14, 2004 passed by IG, BSF and dated 3rd/4th January, 2005 passed by the Director General, BSF respectively rejecting the appeal and the revision petition filed by the petitioner and thereby upholding the order of dismissal.
2. The facts are not in dispute. The petitioner joined BSF as Water Carrier in August 1990. He was appointed as a Constable (GD) in the year 1995. The petitioner proceeded on reward leave of 10 days from December 17, 2003 to December 26, 2003 and earned leave for 15 days from December 27, 2003 to WP(C) 4586/2005 Page 1 of 15 January 10, 2004. He was required to report for duty on January 11, 2004, but he overstayed leave by 30 days and reported for duty on February 02, 2004. Along with an offence report dated February 10, 2