LAWS(DLH)-2015-1-520

DHARAMBIR Vs. UNION OF INDIA

Decided On January 28, 2015
DHARAMBIR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner prays to the Court that the orders dated July 08, 2014 and July 19, 2014, declaring him to be an absconder be quashed. He be permitted to resumed duties. All punishments levied upon him in the past be declared illegal and hence quashed. Consequential benefits including back wages be directed to be paid.

(2.) RELEVANT facts to be noted would be that the petitioner was enrolled as a Constable (GD) in the Border Security Force on April 01, 1988 and at different points of time was attached to the different battalions of the Border Security Force. Attached with the 92nd Bn., on compassionate grounds, on June 18, 2009 the petitioner was posted to the 33rd Bn. of the Border Security Force which was then stationed at Hissar in the State of Haryana.

(3.) AN order to apprehend the petitioner and produce him before the nearest Battalion of the BSF was issued to the Superintendent of Police, Jhajjar, for the reason the permanent address of the petitioner is Village Silani, District Jhajjar in the State of Haryana. The said order could not be executed as the petitioner was not to be found at his residence. Another order requiring petitioner to be apprehended and produced before the nearest Battalion of the BSF was issued on December 07, 2009. Various apprehension orders were issued which could not be executed. Petitioner joined duty on April 28, 2010. He was absent without leave for 129 days.