NEERAJ KUMAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 03.03.2015, passed by the Commandant, 3rd Battalion, ITBP, removing him from service w.e.f. 03.03.2015, on account of his being a 'Deserter' and treating the period of his absence from 28.09.2014 to 02.03.2015 i.e. for 156 days as dies non for all purposes.

(2.) The petitioner is also aggrieved by an Office Memorandum dated 11.10.2017, issued by the DIG, Regional Headquarter, Bareilly, ITBP informing him that he had been removed from service vide order No.3945 dated 03.03.2015 and as per the provisions of Rule 28 of ITB Police Rules 1994, he ought to file an appeal, if aggrieved, within 90 days from the date of his removal from service, which in this case had expired on 01.06.2015, whereas he had submitted an appeal only on 27.09.2017, which was hopelessly belated and accordingly rejected.

(3.) The brief facts of the case, as mentioned in the order dated 002015, passed by the Disciplinary Authority are that the petitioner was sent to the 39th Battalion on 22.09.2014, for working on the occasion of the 53rd Force Raising Day Parade-2014. However, the petitioner had absented himself on 27.09.2014, without any prior information and permission from the competent authority. The respondents made efforts to search for the petitioner within the camp premises. When he could not be found, an absent report of the petitioner from the camp was registered with the local police station Greater Noida, U.P. vide letter dated 27.09.2014.