As a member of disciplined force, proceeding on leave and not re-joining duty, would amount to be a serious charge. Admittedly, the plaintiff/appellant had proceeded on annual leave on 60 days w.e.f. 17.03.1989 to 15.05.1989 and thereafter failed to re-join duty in the Unit without there being any intimation to such effect. It was upon completion of 30 days from the date of absence that action was initiated in terms of provisions of the Army Act, 1940, a Court of Inquiry was instituted and the plaintiff was declared a deserter. The plaintiff/appellant has failed to lead any evidence whatsoever, with respect to the fact of his having re-joined the duties on 16.05.1989 or thereafter, having availed of the annual leave. It may be noticed that the declaration sought by the plaintiff/appellant is only with respect to the order dated 20.07.1989 whereby, he had been declared a deserter and no challenge has been raised to the dismissal order dated 28.01.1993 w.e.f. 16.05.1989. In the light of such factual background, there is no scope of any interference with the judgments passed by the Courts below.
