EX CONSTABLE MOHAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is an ex-constable of the Border Security Force and he has challenged the order of dismissal dated 6th June, 2011 passed against him by the Summary Security Force Court. THE petitioner has also prayed for his reinstatement with all the consequential benefits.

(2.) BRIEF relevant facts are that the petitioner was appointed on 26th February, 2002 as a Constable in the Border Security Force. At the time of his enrollment, the petitioner was 19 years old and had passed 10th class examination in Hindi medium.

(3.) THE fifth charge against the petitioner was that he had overstayed for 22 days after the expiry of his leave from 23rd May, 2010 to 27th May, 2010 and voluntarily reported at the Headquarter 47 Battalion BSF Kalyani only on 18th June, 2010. As per the sixth charge, the petitioner was again absent for 73 days, after he absented himself on 9th November, 2010 and voluntarily rejoined the BSF Headquarter 47 Battalion BSF at Kalyani only on 22nd January, 2011.