SUNIL KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER was enrolled as Constable in the Border Security Force on 6th March, 89. The petitioner completed 36 months basic training and was shifted to 117 Battalion of Border Security Force (hereinafter referred to as the Force). Petitioner is said to have proceeded on casual leave for 15 days with effect from 13th December, 1997 to 3 Is December, 1997. Petitioner was required to report back to duty on 31st December 1997. He did not do so. He was directed to report for duty vide a registered letter No. 138 dated 5th January, 1998. On 6th January, 1998, a telegram was sent to the respondent authorities by the petitioner. He applied for 12 days earned leave on the ground that his grandmother had died and that his father was not well. This request of his was declined. This was because the petitioner was found to be a habitual absentee. Petitioner was directed to report for duty. A letter in this regard was sent to him on 21st January, 1998. Petitioner, however, did not report. The further fact is that Court on Enquiry was held in terms of Section 62 of the Border Security Force Act read with Rule 173 of the Rules. The authority holding the enquiry was of the opinion that the appellant after availing of the leave had overstayed. This act of his was found to be without any authority of law. After this a show cause notice dated: 20th March, 1998 was issued to him. For facility of reference, this notice is being reproduced below: -

(2.) THEREAFTER , a telegram was sent to the respondents that the petitioner is seriously ill. In response to this telegram, a letter was directed to the petitioner; he was called upon to send a medical certificate in this regard. The petitioner did not respondent. It was in these circumstance, the order of dismissal was passed on 1st August, 1998. Para 1 of the order referred to above is relevant and is being reproduced below: -

(3.) FROM the persual of the facts given above, it becomes apparent: