TARIQ AHMAD LONE Vs. VERUS

JUDGEMENT

(1.) The petitioner, through the medium of present petition, has challenged order dtd. 15/3/2004, issued by respondent No.3, whereby he has been dismissed from service with effect from 10/3/2004. The petitioner has also sought a Writ of Mandamus commanding the respondents to reinstate him and to pay him all the pay/salary.

(2.) The case set up by the petitioner is that he was appointed as Constable in Border Security Force (BSF) on 5/5/1995. In August, 2003, while he was discharging his duties in SHQ BSF CI Ops-II, Karan Nagar, Srinagar, he was taken ill and proceeded on earned leave with effect from 1/8/2003 to 18/8/2003. It has been submitted that the condition of the petitioner worsened and he had to be hospitalized due to which he could not resume his duties. It has been submitted that due to death of one of the relatives of the petitioner in militancy related activities, he was prevented from resuming his duties. Ultimately, in the month of November, 2009, the petitioner approached the respondents for resuming his duties but he was not allowed to do so on the ground that his services had been terminated. The petitioner thereafter was provided with copy of the dismissal order against which he preferred a representation in the month of January, 2010. However, he was not reinstated.

(3.) The petitioner has challenged the impugned order of dismissal from service on the grounds that the same has been issued in violation of the principles of natural justice and in violation of the provisions of BSF Act and the rules framed thereunder. It has been submitted that the petitioner has not been allowed to defend his case before the Enquiry Officer nor any notice has been issued to him prior to his dismissal. It has been contended that the respondents have not served any charge sheet upon the petitioner nor he has been given an adequate opportunity of being heard. According to the petitioner, the impugned order has been issued in violation of Rule 22 of the BSF Rules, 1969.