BALWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this petition, the petitioner sought issuance of writ of certiorari to quash the show cause notice No. Esttt/33/BS/73/2001/798 dated 5.2.2001 by which it is tentatively proposed to terminate the services of the petitioner by way of dismissal witha further direction to the respondents to allow the petitioner to join duties and release the salary.

(2.) THE case of the petitioner projected in the writ petition is that he was enrolled in Border Security Force as Constable with effect from 26.8.1997 and after basic training posted in 73 Battalion, B.S.F on

(3.) 1.99. The petitioner had proceeded on five days earned leave with effect from 10.11.2000 due to domestic problem. The petitioner, however, did not join back for duty after the expiry of leave and over stayed, is stayed that he sent telegram on 15.11.2000 for extension of leave on account of his ailment. another telegram was also sent by him for further extension of leave on 30.12.2000 as the petitioner is stated to have remained under treatment. The petitioner, however, remained under treatment on account of his ailment from 10.11.2000 to 13.2.2001. 3. A show cause notice was issued by the respondents intimating the petitioner that because of his absence without leave for such a long period, his further retention in service is undesirable and proposed to terminate the services by way of dismissal and asking the petitioner to set his defence, if any, against the proposed action before 20.2.2001. It is also stated that this show cause notice was received by the petitioner on 1.3.2001 though posted on 24.2.2001, as is revealed from the postal summons. It is further submitted by the petitioner that the show cause notice is illegal and against rules which became the subject matter of challenge in this writ petition.