PARMANANDA DEKA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition depicts the high-handed and cavalier attitude on the part of the Commandant in throwing out the petitioner from service treating him as if he is a bonded labour or as if the petitioner is his personal employee:.

(2.) The Petitioner herein joined Border Security Force (in short BSF) on 29.6.1981 as a sepoy in 63 Bn BSF and he raised to the rank of Naik in 1993 and his last place of posting was a Khemkaran in the State of Punjab. The petitioner applied for 60 days leave in April, 1997 and his leave for those period was sanctioned by the authority on 4.5.1997 and pursuant thereto, petitioner handed over charges to his reliever. Sanctioning of the leave is admitted by the authority in para 7 of the affidavit-in- opposition. Para 7 is quoted below:

(3.) On receipt of the notice he went to Khemkaran (pb) and wanted to join, but he was not allowed to join. That is available at para 7 of the writ application. That is quoted below: