ACHAL SINGH Vs. UOI

JUDGEMENT

(1.) THE writ petitioner had joined service as Constable (GD) with the Border Security Force on a date not disclosed in the pleadings of the parties but it appears that it was around the year 1989 for the reason the pleadings of the parties would show that when the petitioner was dismissed from service on April 04, 2003, he had rendered service for 14 years.

(2.) GRANTED casual leave for five days on compassionate grounds commencing from July 15, 2002 till July 19, 2002, requiring the petitioner to resume duty at the transit camp of BSF in Jammu in the Forenoon of July 20, 2002, the petitioner did not join the duty and for which letters were sent at the permanent address given by the petitioner and as entered in the service record, on July 24, 2002, July 29, 2002, August 20, 2002 and September 26, 2002.

(3.) ON October 06, 2002, after overstaying leave of 79 days, the petitioner reported at the BSF Transit Camp at Jammu and submitted, in the Tac HQ, a certificate regarding he and his wife Nirmala being unwell. The one pertaining to him was issued by Bhagwan Devi Hospital and Research Centre, Gwalior Road, Agra which was dated September 12, 2002, and the one pertaining to his wife dated August 09, 2002 was issued by Bansal Hospital, Agra. The Commandant sent the certificates pertaining to medical treatment claimed to be availed by the petitioner and his wife to the two institutions wherefrom they were issued and the response received was that the documents were genuine.