MANOJ KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was appointed as Constable on 22/12/2008 in the Border Security Force. He proceeded on 15 days casual leave with effect from 22/8/2012. The leave was valid up to 9/9/2012.

(2.) The admitted position is that he has never returned after availing the leave up to 9/9/2012. In the meantime, he was served with a show-cause notice dtd. 14/1/2013, which fact is also admitted as per averment made in the writ petition. The petitioner has not responded to the show-cause notice by which he was specifically informed that the show-cause was being issued contemplating action under Sub Sec (2) of Sec 11 of the Border Security Force Act, 1968 read with Rule 177 of the Border Security Force Rules, 1969. The petitioner has not responded to the said show-cause notice also. Thereafter, an order has been issued under Sub Rule (2) of Rule 22 of the BSF Rules, 1969 and his name has been struck from the strength of the respondent-force by order dtd. 4/3/2013 (Annexure-A to the counter-affidavit).

(3.) It is in these aforesaid facts that the petitioner has awoken from slumber to file the instant writ petition in the year 2020 relying upon a representation said to have been filed before the Director General of the respondent-force on 9/5/2017.