PITAMBAR KABIRA Vs. UNION OF INDIA

JUDGEMENT

(1.) SERVING under BSF as a Constable, petitioner sought 60 days earned leave which was sanctioned from 16.12.1993 to 13.2.1994. Within a gap of 1 month, petitioner sought leave once again, stating that his mother was seriously unwell. At that time, the petitioner was stationed at the BOP Kotkubba. The battalion headquarter was at Kupwara (Jammu and Kashmir).

(2.) THE petitioner was a part of ,,D Coy of the battalion, and we highlight that different companies of the battalion were stationed at different border outposts. Each company was under the command of a Coy.Commander.

(3.) PETITIONER did not report back at the BOP Kotkubba and chose to go home. He did not report back to the Coy.Commander.