BANJIT DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. J. P. Chauhan, learned counsel for the petitioner. Also heard Mr. R. K. D. Choudhury, learned DSGI, appearing on behalf of all the respondents.

(2.) The petitioner by way of instituting the present proceeding, has presented a challenge to an order, dtd. 12/10/2010, removing the petitioner from his service with the Sashastra Seema Bal w.e.f. 12/10/2010. The petitioner has also challenged an order, dtd. 11/5/2010, by which the petitioner was declared to be a 'deserter'. Further, an order, dtd. 26/10/2016, rejecting the appeal so preferred by the petitioner, herein, against the order, dtd. 12/10/2010, is also assailed in this writ petition.

(3.) As projected in the writ petition; the petitioner was initially appointed as a Constable (GD) in the Sashastra Seema Bal and he joined his service on 25/4/2000 and was so posted at 15th Bn., Sashastra Seema Bal, at Bongaigaon. The petitioner had availed Earned Leave w.e.f. 5/10/2009 to 3/12/2009. However, on conclusion of his said period of leave, the petitioner did not rejoin his service. The petitioner contends that he was under treatment w.e.f. 30/11/2009 on account of mental illness as suffered by him at the relevant point of time.