PANCHAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition assails an order dated 27th January, 1994 passed by the Commandant, 40th Battalion, BSF, dismissing the petitioner from service w.e.f. 27th January, 1994 and the order 8th February, 1994 passed by the Sector Headquarters, Amritsar rejecting the appeal of the petitioner. The undisputed facts giving rise to the present petition are briefly noticed hereafter. The petitioner was appointed as a Constable in the Border Security Force on 1st April, 1987. He was under treatment for some ailment at the Sector Headquarter Hospital, Amritsar. On the 8th September, 1993, the petitioner was referred for his treatment to the Base Hospital, Jalandhar. In this regard, reliance has been placed by the parties on the Discharge Summary dated 9th September, 1993 issued by the Sector HQs. Hospital which clearly requires the petitioner to report to the Base Hospital, Jalandhar for further treatment.

(2.) It is admitted that on 9th September, 1993 itself, the petitioner left by train for Jalandhar. However, he never reached the Base Hospital, Jalandhar. As per the petitioner, he became unconscious in the train and on regaining senses, he found that he was in Ambala city. The petitioner proceeded from Ambala City to his home town in Moradabad albeit without any intimation to either the Base Hospital, Jalandhar or his Unit.

(3.) The respondents have claimed that they thereafter received knowledge in December, 1993 that the petitioner had not reported to the Base Hospital, Jalandhar for treatment. As a result, they sent a letter to the petitioner at his home address directing him to join duties but the petitioner neither reported to the unit nor responded to the communication from the respondents. The petitioner has claimed that on 10th September, 1993, he had sent a telegraphic information to the respondents. This fact is, however, disputed by the respondents. In this regard, the petitioner has placed a typed copy of a certificate dated 25th April, 1994 issued by the In-charge of the Communication Centre, Amroha, District Moradabad certifying that the petitioner had sent a telegram to the Commandant, 40th Battalion, BSF Khasa Camp district, Amritsar, Punjab. However, this certificate by itself would not establish either the contents of the telegram or the receipt of the telegram by the respondents. The respondents have denied receipt of any such telegraphic communication on affidavit and would have discharged any onus or burden of proof in order to meet the requirement of General Clauses Act and the Indian Evidence Act.