RAM DASS Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner was serving as L/NK in 'C' Coy of 8 Bn Border Security Force at Kargil when he was granted 30 days commuted leave w.e.f 09.06.1998 to 08.07.1998 for self rest on recommendations of the Unit Medical Officer. He was supposed to report back at Transit Camp, Jammu on 09.07.1998. He, however, neither joined nor responded to the letters sent to him to report back on duty. A Court of Inquiry was thereafter ordered to investigate his overstayal of leave. As recommended by the Court of Inquiry, a Show Cause Notice was issued to the petitioner by Registered Post on September 30, 1998 informing him to show cause as to why he be not dismissed from service for his absence without leave from duty for a long time. The Registered Letter was refused by him. Another attempt was made by the respondents to contact him through Commandant CTS, Udhampur but his whereabouts could not be known. In view of his long absence without leave from duty, he was dismissed from service under Section 11(2) of the Border Security Force Act, 1968.

(2.) He approached this Court by Writ Petition SWP No.2541/1999 questioning his dismissal. This Writ Petition Was disposed of by issuing a direction to the respondents to dispose of his Appeal, which was then stated to be pending with the respondents. His Appeal having been dismissed, he has again approached this Court questioning his dismissal from service.

(3.) I have heard learned counsel for the parties and perused the material on records.