RAKESH KUMAR Vs. UOI AND ORS.

JUDGEMENT

(1.) BY way of the instant petition, the petitioner has challenged an order dated 25th February, 2008 of the Summary Security Force Court (hereinafter referred to as 'SSFC' for brevity), finding the petitioner guilty of absence without leave; the sentence of dismissal from service imposed thereon and the order dated 18th December, 2008 whereby the Director General of the Border Security Force (BSF) rejected the statutory appeal of the petitioner against the order of the SSFC. The facts giving rise to the instant petition are in narrow compass and are substantially admitted. The petitioner joined the BSF in the year 1988 as Constable. He received sixteen cash rewards and two appreciations by his commandants during the period from 1998 to 2007 for the service rendered by him. The petitioner was implicated in FIR No. 184/2007 and was arrested by the Police Station Azamgarh, UP on 9th May, 2007 while he was posted with 133rd Battalion of the BSF in the unit deployed for the conduct of elections.

(2.) OUR attention is drawn to the order dated 9th May, 2007 passed by the Commandant of the 133rd Battalion, BSF putting the petitioner under suspension. Inasmuch as much turns on the interpretation of the said order, the same deserves to be noticed in extenso and reads as follows: -

(3.) NOW therefore the said No. 88256034 Ct/Dr. Rakesh Kumar is entitled to draw subsistence allowances an amount equal to the leave salary which he would have drawn if he had been on leave on half average pay or half pay and in addition to dearness allowance admissible as half pay leave.