SIMONTA BORAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner was recruited as a Constable in the Border Security Force (BSF). The writ petitioner prayed for earned leave for 45 days. He was granted Casual Leave of 15 days with effect from June 22, 2020 till July 9, 2020. Without praying for extension of leave, the writ petitioner continued being on leave. By a notice dated July 16, 2020 issued by the Commandant, the writ petitioner was asked to join his service immediately. It was intimated to him that strict disciplinary action will be initiated against him under the BSF Act and Rules unless he immediately joins his service. Again by a notice dated September 23, 2020 issued by the Commandant, the petitioner was directed to immediately report to duty. In default, it was intimated that strict disciplinary action will be initiated against him. By a further notice dated September 30, 2020, the petitioner was again directed to report immediately and was intimated that disciplinary action will be initiated against him, in default. The petitioner chose not to reply to the said notices. He neither joined his service.

(2.) Thereafter a show-cause notice was issued on March 4, 2021 whereby it was recorded that the petitioner has been illegally overstaying his leave with effect from September 13, 2020, without any sufficient cause.

(3.) As per the enquiry proceeding held in accordance with Sec. 62 of the BSF Act, it was found that there was no sufficient cause for overstaying the leave. The petitioner's case was considered to be one of continued illegal absence from duty. It was clearly stated that further continuation of petitioner's service was considered to be undesirable. Under Rule 177 of BSF Rules and in conformity of Rule 22(2) of the Rules, the petitioner was called upon to show-cause why he should not be dismissed from service.