Vivek Chaudhary, J. - (1.) Heard Shri Vishnu Dev Shukla, learned counsel for petitioner and Sri Raj Kumar Singh, learned counsel for respondent and perused the record.
(2.) Petitioner who was a constable, serving in the 98th Battalion, Border Security Force, Gandhinagar-II Choochbehar (West Bengal), has filed present writ petition challenging the order dated 06.03.2001 passed by Commandant of his battalion whereby he has been dismissed from service.
(3.) Facts of case are that petitioner, while serving with his battalion, was sanctioned 10 days' casual leave from 27.09.1999 to 08.10.1999. On expiry of his leave, petitioner claimed to have fallen ill and therefore he could not report back to his duties.;