SHAM LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed by the petitioner praying for quashing and setting aside of the order dated 3.2.1995 wheieby the petitioner was dismissed from service effective from the same date with a further prayer to reinstate the. petttioner in service with full back wages and allowances.

(2.) The petitioner was appointed in BSF on 14.12.1987 against a post of Sub-Inspector. The petitioner after succesful training joined his duty as Sub-Inspector. He was posted at BSF Sector Headquarters (DIG Headquarters) Patgaon, Guwahati Assam. After one year of service the petitioner was transferred to 153 Bn.BSF, Panwari, Dist-Dhubri Assam where he served for four years. Thereafter he was transferred to 79 Bn. BSF at Tura Meghalaya on 28.8.1992 from 153 Btn. BSF. The netitioner, however, reported for duty in 79 Bn. BSF only on 3.10.1992 after absenting for duties for 19 days. Thereafter, he proceeded on 14 days casual leave w.e.f. 9.12.1992 till 25.12.1992 for the treatment of his wife. He was to resume his duty on 30.12.1989 but he reported for duty only on 11.1.1993 after over staying for 12 days.

(3.) The records also discloses that on arrival from leave the petitioner also brought his family to Bn. Headquarter without seeking any permission. He also broke open the door of a Government. Quarter and started staying with his family without permission of the Competent Authority. The petitioner was asked to proceed to his Company for Boarder Duty as Platoon Commander. The petitioner, however, refused to obey the orders twice. The petitioner again left the Unit on 10.2.1993 of his own and remained ansent from duty without informing anyone. A letter was issued to the petitioner on 27.1.1993 by the respondents to explain as to why a disciplinary action should not be taken against petitioner for the wrongrul occupation of the quarter. A reply was received from the petitioner against the letter of the respondents dated 27.1.1993 which was considered and rejected by the competent authority. Thereafter, the respondents decided to proceed against him and accordingly charge-sheets were issued to the petitioner under Section 19(b) of the BSF Act and Section 21(1) of the BSF Act. In one of the charge sheets the allegation was that the petitioner had overstayed the period of leave without sufficient cause and the other of alleged disobeying orders of his superirs in such manner as to show a wilful defiance of authorities and lawful command given by his superior officers. The respondents issued two separate orders to Sh. Sarwan Singh, 2 I/C of the Unit to prepare the records of the Abstract of Evidence in respect of the petitioner. The petitioner was supplied copies of the Abstract of the evidence in regard to charge under Section 19(b) of the BSF Act, 1968. The petitioner submitted a letter of resignation from service which, however, was considered and was not accepted in view of pendency of departmental proceedings against the petitioner. The petitioner also submitted a letter requesting for dropping the disciplinary proceedings. Subsequently, however, show cause notice was issued against the petitioner on 28.11.1994 stating that the trial by a Security Force Court is impracticable and further retention in service is undesirable and against the aforesaid show cause notice the petitioner filed a reply which was considered by the respondents and a order was passed on 3.2.1995 dismissing the petitioner from service. Being aggrieved by the said order the petitioner preferred a statutory appeal to the Director General, Border Security Force. The aforesaid appeal or the petitioner was rejected by the Competent Authority on 28.7.1995 and hence the present petition.