GAUTAM KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this writ petition for quashing the order, dated 13.6.2001 by which respondent no. 3 has dismissed the petitioner from service with effect from 13.6.2001 and the order, dated 13.12.2001 passed under rule 28A of the Border Security Rules, 1969.

(2.) THE facts giving rise to the filing of the present writ petition is that the petitioner was a trainee in the Border Security Force posted at Hazaribagh. It is the case of the petitioner that he was absent from duty from 22.1.2001 to 12.3.2001. He appeared at the Centre on 12.3.2001 when he was permitted to join his training on 12.3.2001. Again the petitioner absented himself from 22.4.2001 to 13.6.2001. On remaining absent the petitioner was served a show cause notice on 15.5.2001 and thereafter he was dismissed from service under Sec. 11 (2) read with Sec. 177 of the Border Security Act (hereinafter to be referred to as 'the Act '). The contention of the petitioner is that his absence should be condoned and further that he was not given adequate opportunity to show cause and as such there is a violation of the principles of natural justice.

(3.) THE case of the respondents, on the other hand, is that the petitioner was recruited in service on 17.3.1997. On 13.6.1997 he was awarded the punishment of confinement in line upto fourteen days. Thereafter, the petitioner absented himself from 6.4.1998 to 13.4.1998 for which he was again punished. On 7.6.1998 while serving at Hazaribagh, the petitioner was dismissed from service because of his absence. The order of dismissal was set aside on 23.3.2000 and the period of his absence of 480 days was regularised by granting him different types of leaves.