RAJENDER SINGH Vs. UOI AND ORS

JUDGEMENT

(1.) The petitioner working as Lance Naik with BSF, was instructed on 30 th September, 1997 to collect a copy of the writ petition from Delhi office of BSF and report back by 10 th October, 1997. However, the petitioner did not report back. A registered letter dated 24 th November, 1997 was issued to the petitioner. On 4 th December, 1997, a Court of inquiry was instituted which was completed on 10 th December, 1997. A show cause notice dated 31 st December, 1997 was issued to the petitioner to which he did not respond. Vide dismissal order dated 19 th February, 1998 under Rule 177 of BSF Rules, 1969, the petitioner was dismissed from service on the ground that he absented himself without leave with effect from 11 th October, 1997 without any reasonable cause and that his further retention in service was undesirable.

(2.) The petitioner made a representation dated 30 th March, 1998 on the ground that he collected the copy of the writ petition on 10 th November, 1997 but due to some mental disturbance/unknown reason, he became unconscious and could not know how he reached home and who brought him back. The petitioner claimed that he had been admitted in a Government Hospital, Kosali and was under treatment from 11 th November, 1997 to 15 th March, 1998. The petitioner's representation was treated as an appeal and was rejected by the competent authority vide order dated 11 th February, 1999.

(3.) The petitioner has challenged the dismissal order dated 19 th February, 1998 as well as the order dated 11 th February, 1999 dismissing his appeal.