NIRMAL KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition had been filed by the petitioner challenging the acceptance of his purported resignation by the order dtd. 25/4/2003 w.e.f. 30/4/2003 and with a further direction that the petitioner be reinstated to his service and be granted of his all consequential benefits.

(2.) The fact of the instant case as would transpire from the records would show that the petitioner joined the Border Security Force ('the BSF', for short) as a Constable General Duty on 16/3/1989 and on 19/10/2002 an order was passed by the Commandant 64 Battalion, BSF whereby the petitioner was dismissed from the service w.e.f. 19/10/2000 on the ground that the petitioner was absent without leave w.e.f. 11/6/2000 without any reasonable cause.

(3.) The petitioner thereupon preferred an Appeal before the Inspector General, the Appellate Authority. The Appeal was allowed vide order dtd. 20/4/2002 whereby the Petitioner was reinstated and it was further observed by the Appellate Authority that necessary action be taken for regularizing the period from the date of dismissal i.e. 19/10/2000 to the date of joining against the Petitioner's available leave. Further to that there was also a direction that the Petitioner be transferred to the 128 Bn BSF. Further to that, the 128th Bn was permitted to take disciplinary proceedings pending against the Petitioner in the 64 Bn.