SUDESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Order, Annexure P-3/A, dated 27.1.1993 dismissing the petitioner from service with effect from 16th January, 1993 is under challenge in this petition.

(2.) The petitioner while posted as a Constable in Border Security Force proceeded on 30 days Earned Leave w.e.f. 9th May, 1992. After availing of leave he did not report for duty though he ought to have reported for duty on 9.6.1992. Petitioner's case is that he had applied for extension of leave due to his sickness whereas respondents case is that extension of leave was not sought. Respondents' version that on 16.7.1992 an intimation was sent to the petitioner to rejoin duty immediately, failing he was apprised that disciplinary action would be taken against him. Thereafter a Court of Inquiry under Section 62 of the Border Security Force Act, 1968 was ordered to inquire into the absence of the petitioner, but without awaiting the outcome thereof, it appears that the Deputy Inspector, Border Security Force, Jammu proposed to dismiss the petitioner from service administratively for which show cause notice (annexure P-3) was sent to the petitioner under registered post, which reads:

(3.) Petitioner state that a reply was sent by him on receipt of the aforementioned show cause notice explaining the cause of his delay that he was still bed-ridden and sought extension of leave but the Commandant on 7.1.1993 proceeded to pass in the impugned order annexure P-3/A, which reads: