LAWS(ALL)-2008-8-198

VINOD KUMAR PANDEY Vs. UNION OF INDIA

Decided On August 18, 2008
VINOD KUMAR PANDEY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) DILIP Gupta, J. The petitioner who was working as a Constable in the Border Security Force at Srinagar has filed this petition for quashing the order dated 27th January, 1994 by which he was dismissed from service as well as the order dated 19th August, 1998 by which his representation before the Director General, Border Security Force, New Delhi was rejected. .

(2.) IT has been stated that while the petitioner was posted as a Constable at Srinagar, he was dismissed from service by the order dated 18th July, 1990 as he was absent without leave. The petitioner filed a representation dated 20th August, 1990 before the Director General, Border Security Force, New Delhi, and also filed Writ Petition No. 26949 of 1990 for setting aside the order dated 18th July, 1990. An interim order was granted in this petition on 21st May, 1991 staying the operation of the order dated 18th July, 1990. The petitioner was permitted to work on the basis of the interim order but he again absented without leave as a result of which the order dated 27th January, 1994 was passed dismissing the petitioner from service. The petitioner moved an amendment application in the said writ petition to challenge this order also.

(3.) I have heard learned counsel for the petitioner and Sri S. C. Mishra, learned counsel appearing for the respondents.