SUKHCHAIN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) After the petitioner was found guilty by the Summary Security Force Court vide order dtd. 9/4/2003 of the charge under Sec. 19(a) of the Border Security Force Act, 1968, he was sentenced with the dismissal from service and the order dtd. 9/4/2003 to that effect was issued by the respondent No. 3.

(2.) The petitioner had earlier filed a writ petition before the High Court of Punjab and Haryana challenging his dismissal by the respondents but the same was withdrawn vide order dtd. 6/9/2010 with the liberty to file a petition before the court of competent jurisdiction. Thereafter, the petitioner has filed the present petition for quashing of the charge sheet dtd. 6/4/2003 and the order dtd. 9/4/2003, whereby the petitioner has been dismissed from service by the respondent No. 3.

(3.) It is stated that the petitioner was charge-sheeted for absenting from duty for a period 09 days without leave/authorization and after trial, the petitioner was dismissed from service on 9/4/2003 by a non-speaking order. The contention raised by the petitioner is that he could not attend his duties because he was sick and the intimation in respect of illness of the petitioner was sent to the DIG, BSF Company, Udhampur by his father and it was because of his illness that the petitioner absented himself and could not join the training. It is further stated that the respondents have dismissed the petitioner from service without taking into consideration that the absence of the petitioner was because of the ill health and the respondents without there being any material held the petitioner guilty and punished him.