DWARIKA NATH MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) WHEREAS , I have gone through the case of absence without leave against No. 89005099 Const DWARIKA NATH MISHRA, D Coy of this unit. He was given opportunity to explain the cause for his prolonged absence vide this office letter No. D.IX/Estt -I/19/92/12804 dated 10 Dec 1992, which he has not availed of. I am satisfied that he is absent without leave without any reasonable cause and that his further retention in the service is undesirable. I, therefore, DISMISS him from service with effect from 28 Dec 1992 (FN) under Rule 177 of BSF Rules 1969. His absence period from 29 Sep 1992 to 27 Dec 92 is hereby treated as 'DIES NON'.

(2.) GOVT dues Rs. 1399/ - (Rupees one thousand three hundred ninety nine) and Rs. 351/ - (Rupees three hundred fifty one) Total Rs. 1750/on account of cost of deficient Govt. clothing and equipment and over payment made to the individual on account of pay Oct 92, may be recovered from his pay and allowances, Bonus, TA, RM due to him and deposited in Govt. Treasury.

(3.) IN order to appreciate the respective contentions of the parties, the facts in brief, may be noticed.