MD DANISH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr.Kh.Tarunkumar, learned counsel for the petitioner and Mr.Amarjit Naorem, learned CGSC appearing on behalf of the respondents.

(2.) THIS is a writ petition filed by the petitioner under Article 226/227 of the Constitution of India. It seeks to challenge the dismissal order of the petitioner dt 25.7.1994 (annexure - A -3).

(3.) THE challenge to the dismissal order was essentially on one ground. It was contended that the impugned dismissal order was passed without following the procedure prescribed under The Border Security Force Act 1968 (for short called the Act) for dismissing any employee of the BSF and hence, it was liable to be set aside. It was contended that Section 19 provides a procedure as to how and in what manner the employee of BSF can be dismissed and specially on the ground of his long absence from service. Since in this case, the impugned order came to be passed due to absenteeism of the petitioner from the services and hence it was necessary for the respondent no 3 to have ensured full compliance of the procedure prescribed in Section 19 of the Act. This in substance of was the argument pressed in service by the petitioner while challenging his dismissal order.