SURESH KUMAR Vs. BORDER SECURITY FORCE

JUDGEMENT

(1.) THE factual backdrop leading to the filing of the above captioned petition is that on August 11, 1988 the petitioner was enrolled as a Constable in Border Security Force.

(2.) THE petitioner availed earned leave due to him in the year 1989 and reported back in time. Thereafter, on several occasions the petitioner overstayed leave or proceeded on unauthorized leave. Put in a tabular form, the data would reveal as follows: -

(3.) AS is evident from the afore -noted table, the petitioner remained absent from duty for a period of thirty one days from January 15, 2001 to February 14, 2001. It is the case of the department that armed with some medical documents the petitioner reported for duty on February 15, 2001. In view of the medical documents submitted by him the petitioner was examined at the Unit MI Room. The doctor who examined the petitioner at the Unit MI Room concluded that the petitioner was suffering from Bipolar Affective Disorder and referred him to Institute of Human Behaviour and Allied Sciences (hereinafter referred to as the ,,IHBAS), Shahdara, Delhi for further treatment, where the petitioner was admitted on February 15, 2001. It is further the case of the department that the petitioner was got discharged from IHBAS by his brother Azad Singh on February 16, 2001.