AJAIB SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has sought the quashing of the impound order, annexure P-6 dated 9.7.1994, dismissing him from service.

(2.) Petitioner was enrolled in Border Security Force as Constable on 5.9.1989. After completing the basic training, on 18.6.1990 he was posted at 209 Bn., Border Security Force. He went on casual leave with effect from 29.10.1993 to 18.11.1993 and overstayed leave. It is respondents case that despite notices the petitioner failed to re-join his duty. Though a telegram was sent by him that he was seriously ill, neither any medical documents were submitted, nor petitioner reported to the unit. The following show cause notice was served upon the petitioner on 15.4.1994:

(3.) After the aforementioned notice was served upon the petitioner two letters dated 25.4.1994 and 22.5.1994 were sent by the petitioner saying that he was undergoing treatment at Civil Hospital and was recovering and will resume duty on 25.5.1994. Petitioner did not join duty on 25.5.1994. Again, the petitioner was asked to join duty . When no intimation was received from the petitioner the following order was passed on 9.7.1994 by the Commandant of 109 Bn. Border Security Force: