REGENT COMPUTRONICS PVT. LTD.

UNION OF INDIA Appellant

V/S

DIRECTOR GENERAL, BORDER SECURITY FORCE Respondents

Referred Judgements :-

IN RE; HEYDON [REFERRED]
WARBURTON V. LOVELAND [REFERRED]
CHURCHILL V. CREASE [REFERRED]
LONDON AND BLACKWALL RAILWAY V. LIMEHOUSE DISTRICT BOARD OF WORKS [REFERRED]
DE WINTON V. BRECON CORPN. [REFERRED]
PRETTY V. SOLLY [REFERRED]
THORPE V. ADAMS [REFERRED]
SEWARD V. VERA CRUZ [REFERRED]
BARKER V EDGER [REFERRED]
CAPE BRANDY SYNDICATE V. IRC [REFERRED]
COMMISSIONER OF INCOME-TAX,PATIALA AND ORS. V. SHAHZADA NAND AND SONS AND OTHERS [REFERRED]
WARDEN V. MARRERO [REFERRED]
ASSOCIATED MINERALS CONSOLIDATED LTD V. WYONG SHIRE COUNCIL [REFERRED]
BHAGWANT SINGH V. COMMR. OF POLICE [REFERRED]
SMT. DHARAMSHILA KUMARI V. UNION OF INDIA [REFERRED]
STATE OF BIHAR V. ARYA DEVI [REFERRED]
H N RISHBUD VS. STATE OF DELHI [REFERRED]
H N RISHBUD VS. STATE OF DELHI [REFERRED]
BHIM SEN VS. STATE OF UTTAR PRADESH [REFERRED]
J K COTTON SPINNING AND WEAVING VS. STATE OF UTTAR PRADESH [REFERRED]
WAVERLY JUTE MILLS CO LIMITED KELVIN JUTE CO LIMITED VS. RAYMON AND CO INDIA PYT LTD [REFERRED]
PATNA IMPROVEMENT TRUST VS. LAKSHMI DEVI [REFERRED]
SOUTH INDIA CORPORATION PRIVATE LIMITED VS. SECRETARY BOARD OF REVENUE TRIVANDRUM [REFERRED]
K NARASIMHIAH VS. H C SINGRI GOWDA [REFERRED]
UNION OF INDIA VS. INDIA FISHERIES PRIVATE LTD [REFERRED]
ANANDJI HARIDAS AND CO PRIVATE LIMITED VS. S P KASTURE ANIL [REFERRED]
MOHAMMAD SHUJAT ALI SUNKARA RATTAIAH V MARKANDEYA M NAGENDER RAO VS. UNION OF INDIA [REFERRED]
MOHINDER SINGH GILL VS. CHIEF ELECTION COMMISSIONER NEW DELHI [REFERRED]
U P STATE ELECTRICITY BOARD VS. HARI SHANKAR JAIN [REFERRED]
HARGOVIND PANT VS. RAGHUKUL TILAK [REFERRED]
ANOOP JAISWAL VS. GOVERNMENT OF INDIA [REFERRED]
R K JAIN R K JAIN VS. UNION OF INDIA [REFERRED]
STATE BANK OF PATIALA VS. S K SHARMA [REFERRED]
STATE OF RAJASTHAN VS. B K MEENA [REFERRED]
ASIA FOUNDATION AND COMPANYNSTRUCTION LIMITED VS. TRAFALGAR HOUSE CONSTRUCTION INDIA LIMITED [REFERRED]
NEW DELHI MUNICIPAL COUNCIL VS. STATE OF PUNJAB [REFERRED]
STATE OF PUNJAB VS. INDER SINGH [REFERRED]
COLLECTOR OF CUSTOMS VS. STATE OF WEST BENGAL [REFERRED]
PUNJAB NATIONAL BANK CHIEF PERSONNEL DISCIPLINARY AUTHORITY PUNJAB NATIONAL BANK VS. KUNJ BEHARI MISRA:SHANTI PRASAD GOEL [REFERRED]
DURYODHAN SAHU VS. JITENDRA KUMAR MISHRA [REFERRED]
MUNICIPAL CORPORATION OF BRIHANMUMBAI VS. STATE BANK OF INDIA [REFERRED]
M PAUL ANTHONY VS. BHARAT GOLD MINES LIMITED [REFERRED]
UMAPATI CHOUDHARY VS. STATE OF BIHAR [REFERRED]
KUBHAYAMMED VS. STATE OF KERALA [REFERRED]
ANTHONY VS. KC ITTOP AND SONS [REFERRED]
SANT SADGURU JANARDAN SWAMI MOINGIRI MAHARAJ SAHAKARI DUGDHA UTPADAK SANSTHA VS. STATE OF MAHARASHTRA [REFERRED]
STATE OF RAJASTHAN VS. LATA ARUN [REFERRED]
SALEM ADVOCATE BAR ASSOCIATION TAMIL NADU VS. UNION OF INDIA [REFERRED]
K VINOD KUMAR VS. S PALANISAMY [REFERRED]
ASHOK KUMAR PANDEY VS. STATE OF WEST BENGAL [REFERRED]
KARYA PALAK ENGINEER C P W D BIKANER VS. RAJASTAN TAXATION BOARD AJMER [REFERRED]
P S SATHAPPAN DEAD VS. ANDHRA BANK LTD [REFERRED]
DATTARAJ NATHUJI THAWARE VS. STATE OF MAHARASHTRA [REFERRED]
LAV NIGAM VS. CHAIRMAN AND MD ITI LTD [REFERRED]
KUSHUM LATA VS. UNION OF INDIA [REFERRED]
COL RETD B J AKKARA VS. GOVT OF INDIA [REFERRED]
KAMLA DEVI VS. KHUSHAL KANWAR [REFERRED]
HOLICOW PICTURES PVT LTD VS. PREM CHANDRA MISHRA [REFERRED]
STATE OF A P VS. A S PETER [REFERRED]
SYED ABDUL QADIR VS. STATE OF BIHAR [REFERRED]
STATE OF UTTARANCHAL VS. BALWANT SINGH CHAUFAL [REFERRED]
HARI BANSH LAL VS. SAHODAR PRASAD MAHTO [REFERRED]
GIRJESH SHRIVASTAVA VS. STATE OF MP [REFERRED]
MOHD SAUD VS. MAJ SHAIKH MAHFOOZ [REFERRED]
CHANDI PRASAD UNIYAL VS. STATE OF UTTARAKHAND [REFERRED]
SARAT PADHI VS. STATE [REFERRED]
ASHO DEVI VS. DUKHI SAO [REFERRED]
RAMESHWAR LAL SHARMA VS. SARDAR AMRIK SINGH [REFERRED]
BRAJ KISHORE PRASAD VS. STATE OF BIHAR [REFERRED]
PRIYANKA PRATAP SINGH VS. DIVISIONAL MANAGER IBP CO LTD [REFERRED]
RAM BINOD SINGH VS. BIHAR STATE ELECTRICITY BOARD [REFERRED]
MEENA YADAV VS. STATE OF BIHAR [REFERRED]
POONAM KUER VS. STATE OF BIHAR [REFERRED]
INDIAN OIL CORPORATION LIMITED VS. RAJ KUMAR JHA [REFERRED]
N VARADA PILLAI VS. JEEVARATHNAMMAL [REFERRED]
M/S STANZEN TOYOTETSU INDIA P. LTD. VS. GIRISH V [REFERRED]
SHAKUNTALA DEVI VS. STATE ELECTION COMMISSION [REFERRED]
NIRAJ KUMAR, S/O-BAIJNATH PRASAD VS. INDIAN OIL CORPORATION LTD. [REFERRED]
PALLAVI VS. INDIAN OIL CORPORATION LIMITED [REFERRED]
AMIT KUMAR AND ORS. VS. THE STATE OF BIHAR AND ORS. [REFERRED]
TANVI SARWAL VS. CENTRAL BOARD OF SECONDARY EDUCATION AND ORS. [REFERRED]
SUSHILA PRASAD VS. THE STATE OF BIHAR AND ORS. [REFERRED]
NIKIL KUMAR SINGH VS. THE INDIAN OIL CORPORATION LTD. AND ORS. [REFERRED]

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 29th July, 2013 whereby the writ application filed by the respondent herein (for short, "the petitioner") was allowed and the order of dismissal passed by the Commandant, 113 BN, Border Security Force (hereinafter referred to as "B. S. F.") dated 3rd of May, 2007 and order in appeal passed by the Director General, B.S.F. dated 13th June, 2007 were set aside.

(2.) The petitioner was appointed as constable in B.S.F. on 2nd of January, 1990. The immediate cause of the order of punishment against him is that he applied for leave from 9 th of February, 2007 to 1 st of March, 2007 as his niece was kidnapped on 6th of February, 2007. It is the case set up by the petitioner that during the period of his leave, his niece was traced out, but the petitioner had to spend some more time for her settlement at her marital house. He made a request to his controlling officer for extension of leave. He was given an impression that his causal leave would be converted into earned leave. The petitioner joined on 4th of April, 2007, i.e. after 33 days of over stay of leave.

(3.) He was served with the charge-sheet on 16th of April, 2007. It is further pleaded by the petitioner that during the course of disciplinary proceedings, he made a request for forgiving him. The grievance of the petitioner is that during the course of disciplinary proceedings, no notice was adduced on behalf of the department nor any opportunity of adducing defence evidence was afforded and that an order of dismissal was passed on 3rd of May, 2007. The appeal was also rejected.

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UNION OF INDIA Vs. DIRECTOR GENERAL, BORDER SECURITY FORCE; COMMANDANT 113 BN, BORDER SECURITY FORCE; YASODHAR KAMAT, S/O LATE SORI LAL KAMAT

Referred Judgements :-

JUDGEMENT

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