SATYENDER KUMAR Vs. UOI

JUDGEMENT

(1.) THE petitioner, a constable with BSF, was granted 45 days earned leave on stated grounds of his mother being ill w.e.f. 14.9.1994 to 28.10.94.

(2.) REQUIRED to rejoin on 29.10.1994, petitioner did not rejoin duty. A call up letter was sent at his residential permanent address on 12.11.1994. Petitioner did not respond.

(3.) SINCE the petitioner had gone missing, the Commandant opined that it would be not feasible to hold an enquiry and thus, a show cause notice was sent to the petitioner at his permanent address requiring the petitioner to show cause as to why he should not be dismissed from service. Petitioner did not respond to the show cause notice and as a result thereof, the Commandant passed an order terminating the services of the petitioner on account of unauthorized absence from duty.