EX NAIK RAJESHWAR SINGH Vs. UOI

JUDGEMENT

(1.) Proceeding on 15 days' leave commencing from 13.6.1991 up to 28.6.1991, petitioner overstayed leave by 45 days. The misdemeanour was overlooked. Proceeding on 60 days' leave sanctioned from 3.5.1993 till 5.7.1993, petitioner overstayed leave by 74 days. The misdemeanour was also overlooked.

(2.) Availing 10 days' sanctioned leave commencing from 11.9.1995, requiring petitioner to re-join on 22.9.1995, petitioner did not join the Unit. Two reminders were sent to him to report back. The first was on 29.9.1995 and the second on 27.10.1995. Petitioner did not join back. On 2.11.1995 he submitted a resignation on a plain paper. It was sent by post. Responding to the petitioner on 21.11.1995, he was informed to join back and submit a proper resignation and complete the codal formalities to enable the department to process his resignation. Petitioner did not respond.

(3.) A Court of Inquiry was held ex-parte and for which we find there is sufficient power in the respondents to do so. The source of power is Section 62 of the BSF Act 1968. Needless to state the proceedings of the Court of Inquiry evidenced petitioner being on unauthorized absence. It was reported that no application seeking leave to be extended, much less with reason or justification was received.