BHAWAN1 SINGH, J. - (1.) THIS appeal is directed against order of Single Judge dated 29 -07 -1988, whereby petition has been allowed and order of dismissal or petitioner from services set aside. Briefly, it may be pointed out that the petitioner was Ex. Lt. in Indian Army attached to 3 Rajput After his training from ËœMhowâ„¢, he came to Srinagar to join his unit. At ËœMhowâ„¢ on 31st of May -1988, he sought leave from his Commanding Officer, for permission to leave to Calcutta to attend his ailing mother. He was advised to approach Brigade Commander for sanction of leave. It appears that without seeking sanction of leave he left the unit which was at Gulmarg for training and exercise.
(2.) AFORESAID action of petitioner amounted to absence without leave u/s 39 of Army Act 1950 and petitioner was proceeded against by convening General -Court -Martial. The proceedings so taken resulted in the ultimate dismissal of petitioner, against which he did not file statutory appeal under Section 164 of Army Act, instead he approached this Court by way of writ petition which has been allowed by the impugned judgment. Hence this appeal by Union of India
(3.) PETITIONER has been served, but he has not appeared to defend his case either personally or through counsel. Matter being old, we proceed to deal with it finally on merits. Having examined the case file and submissions made by Mr. Anil Bhan, Sr. Central Govt. Standing Counsel, we are of the opinion that it deserves to be allowed and impugned judgment to be set aside.;