Ali informed the petitioner about the serious illnesses of his mother and that of his child. Upon getting the information, the petitioner was very upset. He tried to give an application on 24.12.1991 for 16 days' leave. However, no orders were passed on that application. On the next day, it was a Christmas holiday and no officer was available for the granting of leave and, therefore, on 26.12.1991, the petitioner after writing an application and after leaving the same in the office of the Commandant of the Headquarter, left for his village. From his village also, the petitioner kept writing through post. When the petitioner re-joined his duty on 23.1.1992, he was placed under suspension on 24.1.1992 and thereafter he was also served with a charge of desertion on 25.1.1992. An Enquiry Officer was appointed and thereafter the Enquiry Officer submitted his enquiry report upon the completion of the enquiry. On 20.3.1992, an order of dismissal was passed for the petitioner's unauthorized absence. The petitioner filed an appeal and when that was rejected on 27.4.2005, he filed a Revision. Upon the dismissal of the Revision on 5.9.2005, the instant writ petition was filed.
