JAISHANKAR SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondent-Union of India.

(2.) Writ petition has been filed challenging the Memorandum issued under Rule 46 of the Sashatra Seema Bal (for brevity, SSB), Rules, 2009. The petitioner was informed that hearing was to be held on 29.09.2015 at 16 Hours at 13th Battalion Headquarters SSB, Pipra Kothi for the charges framed under the SSB Act, 2007. Copy of the charge Memo containing four charges and list of documents and witnesses were submitted along with the Memorandum. The petitioner has not availed of the opportunity granted to him by the said Memorandum.

(3.) On 28.09.2015 that is one day before the enquiry, he has sent a communication to the Commandant of the 13th Battalion that he is not in a position to appear and that he is going on leave and only after return from leave, he would be in a position to comment on the said charge memo. The final order has, thereafter, been passed on 30.11.2015. The petitioner has been intimated that an amount of Rs 7,500/- in four equal installments and Rs 7,519/- in one installment was to be recovered from his salary with effect from December, 2015 onwards.