RAJ KISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was dismissed from service on 7.4.1999. He has filed this petition for setting aside of the dismissal order and for his reinstatement in service with back wages.

(2.) Petitioner was enrolled in BSF on 23.5.1988. At one stage, he was sent to undergo D & M Course and was granted casual leave and reward leave. After expiry of his leave, he was to report for duty in his unit on 26.5.1998 but he failed. Notices were sent to him by registered post asking him to resume his duty to which he failed to respond. Later apprehension rolls were also issued against him which also went abegging. He was then proceeded under Section 62 of BSF Act leading to the holding of court of inquiry against him to investigate into his unauthorised absence of 316 days. The court of inquiry report along with show cause notice dated 5.3.1999 was also sent to him which was, however, received back unserved. He was then finally dismissed by order dated 7.4.1999 passed by the Commandant under Section 11(2) of the Act read with Rule 177 of BSF Rules without any pensionary and financial benefits. He represented against this but his representation was rejected. He thereafter filed a statutory appeal also which met with the same fate.

(3.) Petitioner complains of violation of principles of natural justice. He alleges that he neither received any show cause notice from R-4 nor any copy of the report of court of inquiry and other documents. He also claims that he had addressed a letter to 25 BSF dated 28.8.1999 requesting for some documents related to termination of his services but even this was not acknowledged. He lastly submits that his dismissal order was illegal because it was ordered in exercise of administrative power without following the other alternatives provided in Sections 19, 62 and Rules 20, 21 and 22 as Commandant had not recorded any certificate that the trial of petitioner was inexpedient or was not reasonably practicable.