JAI INDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) . By this petition, the petitioner has challenged an order (AnnexureP-6) dated 7.12.1992 dismissing the petitioner from service with effect from 10.12.1992 (AN) undersection 11(2) of B.S.F. Act, 1968.read with Rule 177 of B.S.F. Rules, 1969 on the ground that the petitioner has overstayed from leave without any reasonable cause.

(2.) . Counsel for the petitioner has brought to our notice the fact that though the order is dated 7.12.1992 but the issuing authority has put the date 11.12.1992 under his signature.

(3.) . Counsel for the petitioner submits that the show cause notice (AnnexureP-5) videwhichthepetitioncrwas asked to submit his reply before 10th December, 1992 is dated 27.11.1992 but the same was despatched by registered post on 16.12.1992 as per the entry made on the registered enevelope in which it was despatched. In other words the order of dismissal dated 7.12.1992 (Annexure P-6) was passed prior to the despatch of the show cause notice (Annexure P-6) on 16.12.1994 even without waiting for the reply to the show cause notice which could be filed upto 10.12.1992 by the petitioner.