(1.) As it comes out from the pleadings, the appellant was appointed on the post of driver in the Indo-Tibet Border Police Force (hereinafter referred to 'ITBP'). He joined the services on 18th December, 2013. Thereafter, he was sent for training on 30th December, 2013 in the 53rd Battalion in the establishment of RTC, Kimin. However, on 21st January, 2014, the appellant without taking permission from the Competent Authority went out of the Campus of I.T.B.P. and did not come back. Vide order dated 29th March, 2014 an Inquiry Committee was constituted to find out the reasons why the appellant had remained absent. The Inquiry Committee submitted its report. It is clear that when the appellant did not come back after he absented from basic training on 21st January, 2014, vide letter dated 27th March, 2014 a request letter was sent to the concerned In-charge Police Station, District Sultanpur to arrest the appellant and bring him back to the Campus. However, neither the appellant came back himself nor was brought by the police of concerned police station. Under these circumstances, the appellant was declared 'deserter' vide order dated 7th July, 2014.
(2.) After declaring the appellant as deserter, on 13th February, 2015 a show-cause-notice was issued by the Competent Authority that why the services of the appellant should not be terminated. The appellant did not respond to the said show-cause-notice. However, the authority concerned taking a lenient view in the matter again on 23rd December, 2015 issued a serious reprimand letter to the appellant asking him to join the duty at R.T.C., Kimin and gave warning that upon his failure to join the duty, disciplinary proceedings would be initiated against him. This letter did not have any impact on the appellant and he again failed to join the duty. Thereafter, on 3rd January, 2016, again a serious reprimand letter was issued, asking the appellant to join the duty at R.T.C. Kimin. He was warned of initiation of disciplinary proceedings against him, but he again failed to join the duty. Again a similar letter was issued to him on 11th January, 2016, but the appellant again failed to respond to the letter and join the duty.
(3.) Under the said circumstances, again on 18th April, 2016 the appellant was declared 'deserter' from service and thereafter, on 18th May, 2016 a show-cause-notice was issued to him that why his services should not be terminated. The appellant for the first time, on 19th May, 2016 responded to the show-cause-notice dated 18th May, 2016 and said that due to illness of his wife he could not join the duty and respond to the earlier show-cause-notices.