CONST C MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner joined the Border Security Force as a Constable, in or about the year 1988. After completion of the training, he was deployed on the indo-Pak Border at Komalpur in the year 1990. He served at various places, and by the year 2002, he was posted at Kutch/bhuj on the Indo-Pak Border.

(2.) IN September 2002, the petitioner came to his native place, Sree kalahasti, on long leave. He did not report to duties, thereafter, on the ground that he suffered ill-health. In the year 2007, he made representation to the respondents, to permit him to join duty, stating that he regained health. When he was not taken into service, the petitioner got notices issued, through an Advocate, and thereafter, filed Writ Petition (C) No. 9316 of 2007, in the high Court of Delhi. The writ petition was dismissed, through order dated 14. 12. 2007, on the ground that the High Court did not have the territorial jurisdiction. Hence, this writ petition.

(3.) IT is pleaded that the petitioner could not report to duty, on the completion of the period of leave due to ill-health, and as soon as he regained health, he made his attempts to join duty. It is also his case that the respondents did not follow the prescribed procedure, while dismissing him, from service.