UNION OF INDIA Vs. MOHANLAL DAS

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order dated 09.07.2002 passed by the learned Single Judge allowing the writ petition being Civil Rule No.587/1996, which the respondent herein had filed challenging his dismissal from service under the BSF.

(2.) The writ petition was filed in the year 1996 challenging the order dated 28.08.1996, by which the petitioner was dismissed from service. He was working in the capacity of Lance Naik. The petitioner entered into services of BSF as Constable on 02.04.1986. In the month of April, 1996 the petitioner was posted at Panisagar in the State of Tripura, which was the Head Quarter of the 200 Bn., BSF to which the petitioner was attached. In the writ petition it was stated that sometime in April, 1996 the wife of the petitioner was at advanced stage of pregnancy and so the petitioner required leave since there was nobody to look after her at that point of time.

(3.) In the aforesaid circumstances, the petitioner submitted an application for leave of two months. According to the petitioner, same was neither granted nor refused. It was stated that the petitioner did not retain any copy of the leave application as he was in a hurry. The petitioner left his place of duty, which according to the petitioner, was in the aforesaid compelling circumstances. He reached his wife on 11.04.1996. It was contended that before departure, the petitioner had informed the Sub-Inspector, Motor Transport of the Bn. under whom he was serving and that the said Sub-Inspector was kind enough to ask the petitioner to write an application for leave addressed to the Commandant and then to leave the station.