PRATHAM SINGH RANA Vs. UOI

JUDGEMENT

(1.) PERTAINING to a complaint that at the time of enrolment as a constable with BSF the petitioner had given false information of no criminal cases pending against him, Record of Evidence was ordered on 17.6.2005 and was completed on 2.7.2005. The next stage was for the Commandant of the Unit to consider the Record of Evidence and take a decision on the further course to be adopted as per the provisions of the BSF Act 1968. Before the Commandant proceeded to consider the matter further petitioner sought for and was granted leave from 5.7.2005 till 11.7.2005 as he stated that he had to meet his father who was stated to be unwell. The petitioner did not report back for duty on 12.7.2005 and since reminder sent to join back remained unresponded a show-cause notice dated 11.9.2005 was issued to the petitioner stating therein that the Commandant was satisfied that the trial of the petitioner was inexpedient but also impracticable and drawing attention to petitioner's continued absence, was called upon to show-cause as to why the petitioner be not dismissed from service.

(2.) NO reply being filed by the petitioner to the show-cause notice a reminder was sent on 17.10.2005 stating therein that the Commandant had heard nothing from the petitioner. NO reply being received even to the said notice, on 14.11.2005, the Commandant inflicted the penalty of petitioner being dismissed from service and directed that the period 12.7.2005 till 14.11.2005 be treated dies-non.

(3.) IT may be noted that petitioner admits that his father died on 30.5.2006.