JEET SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) In this petition challenge is to order dated 29th September, 1994 whereby Commandant, 77 BN, BSF, dismissed the petitioner from service with effect from 19th September, 1994. The order reads as under :

(2.) The order of dismissal is being challenged on the ground that the procedure provided under Rules 20, 21 and 177 of the Border Security Force Rules, 1969 (hereinafter referred to as "the BSF Rules") was not followed. Against this, the submission of the learned counsel appearing on behalf of the respondents is that for exercising power by the Commandant under section 11(2) of the BSF Act no enquiry is required to be held and it is only on the basis of the show cause notice that the Commandant was empowered to terminate the services of the petitioner. The learned counsel further contended that in this case two show cause notices were served on the petitioner, but the petitioner did not avail of the opportunity and did not file reply to these two show cause notices. Therefore, no enquiry was required to be held in the circumstances of this case. In support of his contention, learned counsel appearing on behalf of the respondents has cited the judgment of the Supreme Court in Union of India v. Ram Phal, 1996 AIR(SC) 1500.

(3.) I have carefully gone through the record of this case as also the judgment cited by the learned counsel.