AKHILESH KUMAR Vs. UOI

JUDGEMENT

(1.) LEARNED counsel for the petitioner restricts his submission to the proportionality of the penalty imposed upon the petitioner and cites two decisions of this Court. The first is the decision dated March 25, 2010 in WP(C) No.7782/2008 'Bhupinder Singh vs. UOI & Ors.' and the second is the decision dated July 11, 2011 in WP(C) No.2145/1998 'Ashok Kumar vs. DG BSF & Ors.', which decision has been authored by one of us.

(2.) IN Ashok Kumar's case, penalty of dismissal was found to be disproportionate to the gravity of the offence and the facts were that Ashok Kumar had sought permission from the Coy Commander to proceed to Amritsar and make a STD call to his wife with whom he was having strained relations and Ashok Kumar had desired to speak to his wife and reason with her to await his return from duty to their matrimonial house and not precipitate the issue by returning to her parents' house. The Coy Commander granted the necessary permission but with the condition that Ashok Kumar could leave for Amritsar after distributing the dak.

(3.) BEING guilty of not performing his duty and making a nuisance of himself while in dress, thereby lowering the image of BSF, penalty of dismissal was inflicted.