RAMAKANT PACHAURI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has challenged the order dated 31st May, 2012 passed by the Commandant, Border Security Force by which he has been awarded the punishment of dismissal from service.

(2.) Brief facts are as under: The petitioner joined the service of Border Security Force ('BSF' for short) on 10th January, 2004 as a Constable. In the year 2007, the petitioner was posted at Agartala. He complained of pain in the heels for which he was referred to and treated at G. B. Pant Hospital, Agartala. He was referred for further treatment to All India Institute of Medical Sciences(AIMS), New Delhi in the year 2009. According to the petitioner, at AIMS he was advised not to undertake hard work or to lift heavy objects. The petitioner returned to his Unit at Agartala on 20th January, 2010 where he was declared fit for duty by the Unit Medical Officer. The petitioner was thereupon posted at Maharanichera, Udaipur, District - Gomati which according to the petitioner, was in a hilly region and entailed heavy duty.

(3.) The petitioner was granted Casual Leave for 15 days from 29th February, 2012 to 21st March, 2012. Upon expiry of the leave period, the petitioner failed to report for duty. He overstayed the leave period by 47 days without any intimation to the department. He rejoined the duty on 7th May, 2012. For such unauthorized absence from duty, he was summarily tried by the department under the Border Security Force Act. The competent authority imposed the punishment of dismissal from service by the impugned order. The petitioner initially challenged the said order by filing a Writ Petition before this Court No.388/2012. The petition was disposed of by an order dated 23rd February, 2016 relegating the petitioner to appeal remedy. The petitioner thereupon filed an appeal before the appellate authority. His appeal was dismissed by an order dated 1st June, 2016 whereupon this fresh petition has been filed in which the petitioner has challenged the order of dismissal as well as the appellate order.