BHAGAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE short question that arises for consideration in this petition is whether the petitioner's resignation from the post of Sub-inspector in the border Security Force stood validly accepted by the competent authority and if so, whether the disciplinary proceedings initiated against him for unauthorized absence from duty deserve to be quashed. While the petitioner alleges that he had resigned from the post held by him which resignation was validly accepted by the competent authority, the respondents contend that the jural relationship of employer and employee continues to subsist between the parties and that the petitioner having been absented from duty was liable to be proceeded against and punished, no matter he has, taking the acceptance of the resignation to be valid, already joined the Uttar Pradesh Police and is presently working as a Sub inspector in that Force. The disciplinary proceedings initiated by the respondents have in that view been assailed by the petitioner with a prayer for a writ of mandamus directing them to settle all claims and dues payable to the petitioner for the service rendered by him in the Border Security Force. The controversy arises in the following circumstances:

(2.) THE petitioner belongs to Village Khata in District Baghpat in the state of Uttar Pradesh. He was appointed as a Head Constable in the Border security Force on 6th August, 1993 under an order issued by the DIG, BSF Sector, headquarter. He appears to have shown special talent and inclination towards free style wrestling from his childhood with the result that he emerged as a prominent wrestler by the time he was barely 12 years of age. Absence of training facilities like indoor stadium etc. in his village forced him to shift to Delhi where he was trained as a wrestler and on account of his inborn talent as a wrestler, won a large number of medals at the National Championships held at different places in the country.

(3.) IN the year 1993-94, the petitioner was recruited as a wrestler in the border Security Force and appointed as a Head Constable/sportsman. Between the year 1995 to 2000, the petitioner participated in competitions within and outside the country as a part of the Indian wrestling team and returned with medals from many of these competitions including prestigious titles of "hind kesari" and "mahabharat Kesari". He was on account of his extraordinary performance as a wrestler and the laurels won by him for the Border Security force, promoted as a Sub Inspector in the Force.