UNION OF INDIA & ORS Vs. UMESH SINGH

JUDGEMENT

(1.) The petitioner joined the Border Security Force (in short, BSF) as a Constable on February 15, 1990. On July 6, 1996, he was served with a show cause notice by the appropriate authority whereby he was informed that because of the punishment awarded to him in the past and the adverse entries recorded in his service book, the authority concerned being the Commandant of the concerned Battalion, was of the opinion that he was unsuitable for being retained in the force and it was proposed to retire him from service compulsorily in terms of Rule 26 of the BSF Rules, 1969. In terms of the said Rule, the petitioner was given 15 days' time to give a reply to the said notice. The petitioner submitted his reply on July 26, 1996, refuting the allegations made in the show cause notice. However, his reply was not found to be satisfactory by the authority and by order dated August 10, 1996, the petitioner was retired from service with effect from August 31, 1996.

(2.) This order of compulsory retirement was challenged by the petitioner by way of a writ petition being C.R. No. 13826 (W) of 1996. By an order dated July 17, 2002, a learned single judge of this court set aside the impugned order and directed the authority to reconsider the petitioner's reply to the show cause notice by affording an opportunity of hearing to the petitioner.

(3.) Pursuant to the said order of this court, the concerned authority passed an order on February 11, 2003 confirming the earlier stand taken by him in the order dated August 10, 1996. The order dated February 11, 2003 was challenged by the petitioner by filing W.P. No. 13333 (W) of 2004, which was disposed of by the learned single judge by a judgement and order dated 28th October 2014, which is the subject matter of challenge in the present appeal before us.