SANJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide the present petition, the petitioner is seeking quashing of the impugned orders dtd. 18/9/2015, 9/9/2015 and 31/12/2014; directions to the respondents to consider the appeal filed by the petitioner against the impugned orders dtd. 18/9/2015, 9/9/2015 and 31/12/2014; restoration of the service of petitioner along with all benefits from the date of his termination till the date of restoration; directions to the respondents to accommodate the petitioner in other department to the post equivalent to the rank of the petitioner along with cost of petition in favour of the petitioner.

(2.) The present petition has been filed on the ground that the respondents failed to give ample opportunities to the petitioner to file explanation prior to passing order resulting in termination of the petitioner from the strength of 57th Bn SSB Amritpur, Nainital, Uttarakhand vide order dtd. 31/12/2014. The ground of unsuitability was assigned by the respondents, however, so-called impugned orders do not come within the purview of unsuitability.

(3.) Respondents have erred while passing the impugned orders as there is no whisper about limitation of chances for BRTC in whole, the Sashastra Seema Bal Act, 2007 and the Sashastra Seema Bal Rules, 2009. Further, respondents have even failed to consider that relegation from 16th BRTC, Gorakhpur is prior to 30 days, i.e. from 20/2/2014 to 11/3/2014 (19 days only).