S. N. AGGARWAL, J. ( 1 ) THIS is a writ of certiorari filed by the petitioner for quashing of order dated 11. 02. 1998 passed by the respondents terminating him from Army service. ( 2 ) A factual matrix of the case is as follows:-The petitioner in response to the application invited by the respondents for selection, joined the training w. e. f. 22. 09. 1995 at Shivpuri, madhya Pradesh. As per the training schedule, the petitioner underwent the initial training at Shivpuri and subsequently at Ramgarh. During this period, the petitioner was also trained as Commandant. After completion of training at ramgarh, the petitioner was called back to Shivpuri for completing the course as radio Operator which was of duration of 11 months. The course for the Radio operator commenced sometime in November, 1997. While undergoing the training in shivpuri, he was served with a show cause notice dated 03. 02. 1998 which reads as follows:- To Shri Bhagwan Singh No. 957011649 HC/gd Telecom in ITB Police Sub:- Removal from service on account of Misconduct-show cause notice Whereas while undergoing rog-III Batch No. 77 you were found absent from duty on 16. 01. 1998, without any bonafied permission and reported back in the campus on 17. 01. 1998 at 0715 Hrs. On arrival you had requested for parden and assured that you will not commit any offence future. Again on 18. 01. 1998 at 0400 your were found absent without any bonafied permission and reported back in campus on 01. 02. 1998 at 2230 Hrs. On 02. 02. 1998, you did not resume your duty but left campus at 1130 Hrs again without any bonafied permission and returned at 1305 Hrs. 2 On earlier occasions, you did not attend duty w. e. f. 1430 Hrs on 03. 01. 1998 and was not traceable even in Roll Call. You had left campus without any bonafide permission and returned to campus on 06. 01. 1998 at 1730 Hrs. For this offence you were awarded "severe Reprimand". On an another occasion on 13. 09. 1997 also you had left the campus at 2030 Hrs without bonafide permission and returned to campus on 15. 09. 1997 at 1900 Hrs. For this offence also you were awarded "severe Reprimand". 3 It is evident from the misdemeanours in the foregoing paras that you are habitual of a)Absenting yourself without leave. On an another occasion on 13. 09. 1997 also you had left the campus at 2030 Hrs without bonafide permission and returned to campus on 15. 09. 1997 at 1900 Hrs. For this offence also you were awarded "severe Reprimand". 3 It is evident from the misdemeanours in the foregoing paras that you are habitual of a)Absenting yourself without leave. b) Not reporting for duty at the appointed time. c) Transgress the limits fixed by orders without bonofide permission. d) Absenting yourself from training e) Willfully defying the authorities. 4 It is also amply evident that you are not willing to improve your conduct despite given opportunity. 5 Your acts of commissions and omissions as given above tantamount to gross MISCONDUCT. 6 I am of the opinion that because of your insolent behaviour as a trainee and as a member of the force you are not fit to be retained in the service any further due to your misconduct. I therefore, tentatively propose to terminate your service by way of removal from service as empowered under Rule 17 read with rule 20 of ITBPF rules 1994. You are hereby given an opportunity to put forward your defence and show cause (s) why you should not be removed from service. Your reply should be received by undersigned within 48 hours of the receipt of this notice failing which it will be presumed that you have no defence to put forward and Ex-parte decision will be taken by the undersigned. sd /- (P. Vijay Kumar) Round Office Seal Commandant Dated :- 03. 02. 1998 The petitioner gave reply to the above show cause notice which is at pages 48-49 of the paper book and a true English translation thereof which is at pages 50-51 of the paper book reads as follows:- To, The Commandant, Telecom Bn , itb Police, Distt . and PO , Shivpuri. Sub:- AN APPLICATION REGARDING YOUR OFFICE LETTER No. ITBP/tele/ec- II/bs/098-309 dated. Sir, Respectfully, I beg to state that I No. 957011649 HC/ro Bhagwan Singh who is undergoing in ROG-III Batch No. 77 in TTS of Telecom Bn. Sir, your letters refers to initiate disciplinary action against me. I was deserter/absent w. e. f. 16. 01. 1998 to 01. 02. 1998 from unit campus. The reason, I received information from my home town about my mother's serious illness. Sir, your letters refers to initiate disciplinary action against me. I was deserter/absent w. e. f. 16. 01. 1998 to 01. 02. 1998 from unit campus. The reason, I received information from my home town about my mother's serious illness. I submitted my application for 6 days C. L. to Training School Officer, to see my ailing mother as soon as I got the information about my mother's illness. The application was forwarded by my batch incharge and was sent to S. O. (T ). The SO (T) seized my application and register without taking necessary action. I waited for many days. I had to desert the camp when my leave was not sanctioned. I had always submitted my application for leave to the concerning branch before deserting the camp. Sir, I could not complete my education due to economic condition at home. As soon as I qualified my Inter class, I began to search for a job. Luckily I got through in 1995 and joined ITBP. Presently HC/ro course undergoing. I was completing the same with devotion. In the winter season due to extreme cold climate I fell sick, any my health also deteriorated. Now I am curious to study and I have applied from Bharatpur College for my graduation, beside my training. It looks impossible because leave is not sanctioned in time and concerned officer does not pay personal attention. I am not so much capable to bear domestic expenditure if I continue my study, and resign from service. As per my best knowledge, I wish to complete my graduation side by side with my service and to join Civil service somewhere instead of ITBP where I can serve the country with full devotion and dedication. Because I am just 24 years and 08 months old. I would be greatful if you co-operate me and keep me sending on leave (from time to time) as per my wishes. You may remove me from service without reason if I desert the camp. My major problem is that my salary should be paid monthly and should be sent on leave in time, otherwise my mind gets tense. I feel immense pain. I get upset and can not control myself, resultantly I desert the camp in such situation. After looking into my circumstances, now it is requested from honourable to allow me to attend that class. I feel immense pain. I get upset and can not control myself, resultantly I desert the camp in such situation. After looking into my circumstances, now it is requested from honourable to allow me to attend that class. So that I may behave with proper manner and get through in my exams with devotion. Yours obediently Dated :- 05. 02. 1998 sd . /- No. 957011649 HC/ro Bhagwan Singh Telecom Bn. ITB Police. ( 3 ) THE above reply to the show cause notice was considered by the disciplinary authority of the petitioner who after considering the same recorded his satisfaction that any further retention of the petitioner in the Force shall be highly undesirable and therefore passed the impugned termination order which is at pages 12-15 of the paper book. ( 4 ) WE are not impressed with the argument of the petitioner's learned counsel that the proper procedure for terminating the petitioner from service was not followed. The action against the petitioner was taken by the respondents under Rule 17 read with Rule 20 of the ITBPF Rules, 1994. These rules are reproduced hereinbelow:- "termination of service- Authorities specified in the headings of columns 3 to 6 of the Table given below shall be competent to dismiss, remove, discharge, retire or release a member of the Force specified in the columns, on the grounds stated in the corresponding entries in column 2, in accordance with the procedure laid down in this Chapter. Any power conferred by this rule or any provisions of this Chapter on any of the aforesaid authorities may also be exercise by any other authority superior to it. Provided that the provisions of this Chapter shall not apply to the persons on deputation with the Force. Sl . No. Grounds on which service can be terminated Central Government Inspector General DIG/adig Commandant 1 2 3 4 5 6 (i ) Misconduct Officers Sub-Major and Subedar /inspector (ii) Unsuitability Officers Sub-Major and Subedar /inspector (iii) Unsatisfactory progress in training (iv) Furnishing false/wrong information at the time of appointment. (v) Physical unfitness Officers Sub-Major and Subedar /inspector (vi) On own request Officers Sub-Major and Subedar /inspector Sub-Inspector Sub-Inspector Sub-Inspector Officers Sub-Major and Subedar /inspector Sub-Inspector Sub-Inspector Sub-Inspector Enrolled Person. Enrolled Person. Enrolled Person. Enrolled Person. Officers Sub-Major and Subedar /inspector Enrolled Person. Enrolled Person. 20. (v) Physical unfitness Officers Sub-Major and Subedar /inspector (vi) On own request Officers Sub-Major and Subedar /inspector Sub-Inspector Sub-Inspector Sub-Inspector Officers Sub-Major and Subedar /inspector Sub-Inspector Sub-Inspector Sub-Inspector Enrolled Person. Enrolled Person. Enrolled Person. Enrolled Person. Officers Sub-Major and Subedar /inspector Enrolled Person. Enrolled Person. 20. Termination of service of persons, other than officers on account of misconduct.- (1) When it is proposed to terminate the service of a person subject to the Act other than an officer, he shall be given an opportunity by the authority competent to dismiss or remove him to show cause in the manner specified in sub-rule (2) against such action: provided that this sub-rule shall not apply- (a) where the service is terminated on the ground of conduct which has led to his conviction by a Criminal Court or a Force Court; or (b) where the authority as specified in rule 17 is satisfied that, for reasons to be recorded in writing, it is not expedient or reasonably practicable to give the persons concerned an opportunity of showing cause. (2) When after considering the reports on the misconduct of the person concerned, the authority as specified in rule 17 is satisfied that the trial of such a person by Force Court is inexpedient or impracticable, but is, of the opinion, that his further retention in the service is undesirable, it shall so inform him together with all reports, adverse to him and he shall be called upon to submit, in writing, his explanation and defence: provided that the authority as specified in rule 17 may withhold from disclosure any such report or portion thereof, if in this opinion, its disclosure is not in the interest of security of the state. " ( 5 ) ON a plain reading of the above rules, we find no infirmity in the procedure adopted by the respondents in terminating the service of the petitioner. The reply of the petitioner to the show cause notice reproduced above would show an admission by him that he had deserted the training without getting the leave sanction. His reply further shows that the petitioner had joined the service in the Force only as a stop gap arrangement as he was interested to join Civil Services after completing his graduation which he wanted to do alongwith his training for Radio Operator in the Force. His reply further shows that the petitioner had joined the service in the Force only as a stop gap arrangement as he was interested to join Civil Services after completing his graduation which he wanted to do alongwith his training for Radio Operator in the Force. In view of the same, we do not find anything wrong in the impugned termination order which records satisfaction of the Commandant that the retention of the petitioner in the Force was highly undesirable. ( 6 ) IN view of the above mentioned reasons, we do not find any merit in this writ petition and the same, is therefore, dismissed with no order as to costs.