THORI RAMESHBHAI KESHABHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question that arises for consideration in this Special Civil Application is whether the dismissal order and the appellate order passed against the petitioner in State of Punjab can be challenged in Gujarat High Court on the ground that the petitioner is a resident of State of Gujarat.

(2.) The petitioner was appointed as Constable (GD) in Border Security Force on 2.12.2006. He was posted in October, 2007 on duty at STC. BSF. Kharkan Camp, Punjab. The petitioner fell ill and as there was no improvement in his health, he took leave and went to his native State, Gujarat. Since the petitioner was absent without leave with effect from 20.10.2007, the respondent No.2 issued a show cause notice on 26.2.2008 to show cause as to why the petitioner may not be dismissed from service. The respondent on 17.4.2008 informed the petitioner to report sickness at the nearest hospital. The petitioner was dismissed from service by order dated 19.7.2008 by DIG/Commandant, STC BSF Kharkan, Punjab. By another order dated 19.7.2008 (AN) had been treated as Dies Non for all purposes and name of petitioner was struck off strength from STC BSF Kharkan, Punjab with effect from 19.7.2008 (AN).

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