SUDHAN MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition is a member of the Border Security Force (BSF). He is aggrieved by the order dtd. 24/12/2022 passed by the Commandant of his battalion under Sec. 19 (b) of the Border Security Force Act, 1968 holding him guilty for unauthorized absence of thirty-seven days with effect from 1/11/2022 to 7/12/2022 and imposed the punishment of 'reprimand'. The period of absence was treated as dies non. The break in service was, however, condoned for the purpose of counting past service for pension.

(2.) The petitioner is aggrieved by the punishment imposed upon him. He submits that punishment was imposed without considering the explanation provided by him for not being able to report to duty because of medical emergency. The petitioner has annexed documents to the writ petition in support of the submission that he had to undergo operation of his gall bladder for which he was advised rest after the surgery.

(3.) According to the petitioner, the respondent authority acted in an inhuman manner and failed to consider the medical documents relied upon by him and passed order mechanically reprimanding him which is illegal and arbitrary.