UNION OF INDIA Vs. MILAP SINGH

JUDGEMENT

(1.) This present special appeal is directed against the order dtd. 4/5/2018, passed by the learned Single Judge in WPSS No. 1847 of 2012. By the impugned order, the learned Single Judge allowed the writ petition preferred by the respondent/writ-petitioner and directed his reinstatement into service.

(2.) The respondent/writ-petitioner joined the Border Security Force on 22/7/1971. He was found to be suffering from Tuberculosis. He was under treatment in various hospitals. He remained absent for over 300 days. On account of his unauthorized absence, a court of inquiry was held against him, which found that he was overstaying on leave since 15/7/1990. The court of inquiry recommended that the respondent should be declared a 'Deserter' and be dismissed from service. The petitioner was sent a notice at his home address on 4/7/1991. He was required to furnish his reply on or before 10/7/1991, and on 12/7/1991, he was dismissed from service.

(3.) The petitioner, for the first time, preferred a writ petition, to assail his dismissal, being WPSS No.272 of 2006. In that writ petition, the petitioner challenged the order dtd. 31/1/2006, by which, the respondent was dismissed from service w.e.f., 12/7/1991, and which was communicated on 31/1/2006. That writ petition was dismissed as withdrawn by the Court on 18/12/2012 with liberty to file afresh. Thereafter, the petitioner preferred the writ petition, in which, the impugned order has been passed.