DIBAS SANGMA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. P. Saha, learned Counsel for the Petitioner as well as Mr. P.K. Biswas, learned Assistant Solicitor General of India for the Respondents.

(2.) BY means of this writ petition, the Petitioner has put to challenge the Annexures -H, K and N orders dated 10 -10 -98, 15 -10 -98 and 26 -4 -2000.

(3.) WHILE by the first order dated 10 -10 -1998, it was notified that Summary Security Force Court (for short, 'SSFC) proceedings in respect of the Petitioner who was serving in the BSF as Constable would be held on 15 -10 -1998 indicating therein the composition of the Court, by the second order, the Petitioner pursuant to the finding of the SSFC, was imposed with the penalty of dismissal from the service. Annexure -N order dated 26 -4 -2000 is the order by which the Petitioner was intimated about the rejection of his representation dated 29 -12 -99 addressed to the DIG, BSF wherein he prayed for reinstatement in service upon setting aside the penalty of dismissal from service. Shortly stated, the facts leading to filing of the instant writ petition are that the Petitioner while was in service went on leave on 5 -2 -98 and thereafter did not return to duty on expiry of leave. The Petitioner was appointed as Constable in the BSF and the act of unauthorized absence from duty was in continuation of the leave that was granted to him on 5 -2 -98. In paras 6 and 7 of the writ petition, the Petitioner has stated thus: