KULBIR SINGH Vs. INSPECTOR GENERAL HQ FTR BSF

JUDGEMENT

(1.) Petitioner herein seeks quashing of orders dated 16.11.2015 and 13.02.2016 whereby, respectively, he was dismissed from service and his statutory petition against the same was rejected. Reinstatement into service along with consequential benefits has also been sought.

(2.) Brief facts first. The petitioner was recruited as follower (Cook) in the year 2000 and was later re-mustered as Constable (GD) in the year 2003. While he was posted at 90BN BSF Abohar, Punjab in 2015 he got the sad news that his mother-in-law had passed away. His wife being a disabled woman could not handle the last rites so he applied for leave. His request was declined and the last rites took place on 18.10.2015, in his absence, due to which he was in mental anguish. That same day, he was found crying inconsolably by his superior officers. Sh. Surinder Tokas, then Deputy Commandant of the battalion, got furious on seeing the petitioner in such a state and placed him under arrest on account of creating nuisance.

(3.) On the same day i.e. 18.10.2015, an offence report was prepared and the petitioner was charged with having used abusive language against his superior officers and violation of good order and discipline alleging that he was intoxicated while on duty. Charge-sheet dated 12.11.2015 was issued to the petitioner. Vide impugned order dated 16.11.2015, the petitioner was dismissed from service. He filed a statutory appeal against the dismissal order which was rejected vide impugned order dated 13.02.2016 (Annexure -11). Hence this writ petition.