YASODHAR KAMAT Vs. DIRECTOR GENERAL, BORDER SECURITY FORCE

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from a judgment of a Division Bench of the High Court of Judicature at Patna dated 11 August 2016. While allowing a Letters Patent Appeal, the Division Bench reversed the judgment of a learned Single Judge by which the dismissal of the appellant from service was set aside and the proceedings were remitted back to the Director General of the Border Security Force (BSF) to examine the quantum of punishment afresh, subject to the caveat that the alternate punishment to be imposed should not either be a dismissal or removal from service.

(3.) The appellant was enrolled as a constable in the BSF on 2 January 1990. He had 17 years of service by the date of the incident. The appellant applied for leave from 10 February 2007 to 1 March 2007, which was sanctioned. The cause of misconduct arose because he rejoined his duties on 4 April 2007. On 16 April 2007, he was charged with a misconduct under Section 19 (b) of the BSF Act 1968. Following the convening of a Summary Security Force Court, the appellant was dismissed from service. A statutory petition filed by the appellant was dismissed by the Director General, BSF on 13 June 2007.