NABAJIT DEBBARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms P Dhar, learned counsel appearing for the petitioner as well as Mr. H Deb, learned Asst. SG appearing for the respondents.

(2.) The petitioner was serving as the Head Constable (Ministerial) in the 70 Bn BSF and he had been sanctioned leave for 13 days w.e.f. 17.12.2014 which, according to the sanction order, was found to expire after 31.12.2014. But the petitioner did not join the battalion till 08.01.2015. Consequentially, the Commandant, 70 Bn BSF (the respondent No.4) issued a letter on 09.01.2015 asking the petitioner to join his duty. He was also cautioned by that letter that his failure to join the duty would invite disciplinary action against him under the BSF Act and Rules. The said letter (Annexure-2 to the writ petition) has clearly mentioned that overstaying of the petitioner was 'without sufficient cause'. Similar request was also made by the respondent No.4 by the subsequent letter dated 29.01.2015 (Annexure-3 to the writ petition). It appears from the records that, thereafter, on perusal of the report of the Court of Inquiry the petitioner was asked to show cause why he should not be dismissed from the service for his overstaying the leave from the period from 01.01.2015 to till date on issuance of the show cause notice. The relevant part of the show cause notice is extracted hereunder:

(3.) The petitioner was also afforded an opportunity to represent against the proposed action within a period of 30 days. It was also cautioned that if no reply had reached the respondent No.4 within the time, as stipulated, the further decision in the matter would be taken. In the said show cause notice dated 24.04.2015 (Anneuxre-4 to the writ petition) it has been noted that a copy of the report of the Court of Inquiry, as referred to in para (1) of the said show cause notice, has been enclosed.