ATUL YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was working with the Border Security Force Academy Takanpur. The petitioner was relieved from the said Academy on 29th August, 2001 and directed to report to 101 Bn BSF vide movement order dated 29/08/2001 but failed to join duty.

(2.) The petitioner on 10-10-2001 submitted application to the President of India through proper channel for acceptance of his resignation from service in terms of Section 8 of the Border Security Force Act. 1968 read with BSF Rules, 1969 (hereinafter referred to as the said Act and Rules). In response to the said letter of 10/10/2001 the Commandant of 191 Bn BSF addressed a letter to the petitioner dated 30.10.2001 directing him to rejoin duty forthwith and to deposit Rs. 92,984.91 on account of training charges as contemplated under Rule 19 of the Rules. The petitioner sent the said amount with a covering letter dated 9.11.2001 but expressed his inability to join the Bn on medica] ground. This was followed up with another letter dated 29.11.2001 for payment of difference of Rs. 10.00.

(3.) On 5th January, 2002 the Deputy Inspector General of the respondent sent a letter to the petitioner in reference to his application for resignation from service stating that the case of the petitioner could not be processed unless the petitioner physically reported to 191 Bn BSF specially taking into consideration the present operation situation of the country. The later also stated that the petitioner did not join the Bn and absented without leave after he was relieved on 24/08/2001 and had no medical problems till then. It was thus stated that on the .failure of the petitioner to join the Bn appropriate action be taken in accordance with the BSF Act and Rules. Later on 10.1.2002 it was acknowledged by the respondents that the amount sent by the petitioner for training charges had been received by the accounts department of the respondents.