RANBIR FINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition is preferred by the petitioner challenging the legality of the order dt.11.7.98 passed by the respondents whereby the petitioner was dismissed from service in exercise of the .powers vested on the respondents under Section 11 (2) of the B.S.F.Act, 1968 read with Rule 177 of the BSF Rules.

(2.) The petitioner Joined the Border Security Force as' a Constable. The petitioner was absent from his duties without any leave w.e.f. 10.4.98 and accordingly an intimation was sent to the Police Station Baishnabnagar, Malda (West Bengal), on 13.4.98 intimat-ing that the petitioner had been found absent without leave w.e.f. 10.4.98 from, unit line. By the said communication his home address was sent and'the concerned police station was requested to register the first information report. A notice'was also issued to the petitioner on the same date i.e. on 13.4.98 bringing to his notice that he was absent from duties without leave/authority1 w.e.f. 10.4.98. By the said letter, the petitioner was directed to resume his duties immediately, failing which he was intimated that - 'strict disciplinary action would be taken against him as per BSF Act and Rules.

(3.) On 4.6.98, a show cause notice was issued to the petitioner at his home address intimating to him that he had been absent without any leave w.e.f. 10.4.98. It was also mentioned in the said notice that after considering the reports relating to his '.absence, the competent authority was satisfied that his trial by Security Force Court was inexpedient and impracticable and that he was of the opinion that his further retention in service was undesirable. The competent authority proposed -tentatively to dismiss the petitioner from service and he was asked to show cause why the aforesaid action should not be taken against him in the circumstances'* mentioned in the said notice. The petitioner did not submit any reply as against the aforesaid notice and subsequent thereto the order dt.11.7.98 was passed by the respondents dismissing him from service w.e.f. 11.7.98 in terms of Section 11 (2) of the BSF Act read with Rule 177 ' of the Rules. The aforesaid order is challenged in this court on various grounds.