MOHINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has called in question order dated 31 -1 -2001 removing him from service. For facility of reference the said order is quoted below: I have personally gone through the case of overstayal against No. 831030028 HC Mohinder Singh C coy of this unit who is overstaying himself without leave with effect from 01.11.1999. He was giving an opportunity through show cause Notice vide this office letter No. Ett/71/Bn/SCN/2000/2126 -28 dated 07.9.2000 and No. Estt/71 Bn/SCN/2k/01 dated 01.1.2001 which he has not availed of. I am satisfied that he is overstaying himself without any reasonable cause and that his further retention in service is not desirable. I, therefore, dismiss him from service with effect from 31st Jan 2001 (AN) in terms of Section 11 (2) of BSF Act 1968 read with Rule 177 of BSF Rule 1969, since it was not possible to try in BSF Court to his absence.

(2.) THE period of absence of the U.O. w.e.f. 01.11.99 to 31.1.2001 is hereby treated as Dies Non for all purpose.

(3.) HE is struck off strength of this unit with effect from 31st Jan 2001 (AN). 2. The order of dismissal dated 31.1.2001 was preceded by a show notice which was issued on 1.1.2001. The extracts of show cause notice are also quoted hereinbelow: Sub: SHOW CAUSE NOTICE You have been overstaying from leave w.e.f. Ist Nov 99 (FN). After considering the reports relating to your overstayal from leave. I am satisfied that your trial by a Security. Force Court is impracticable but am of the opinion that your further retention in service is undesirable. I, therefore, tentatively purpose to dismiss you from the service. If you have anything to urge in your defence against the imposition of the proposed penalty, you may do so within 30 days of the receipt of this letter or by 30 Jan 2001, whichever is earlier. In case no reply is received within the stipulated period, it would be presumed that you have no defence to put forward and exparte decision will be taken into matter. This show cause notice is stated to have been served upon petitioner by registered post on the following address: Mohinder Singh, House No. 642 -A, P.O. Gandhi Ngr. District Jammu(J&K) On petitioners failure to submit reply to the show cause notice, the order of his removal from service was passed. 3. The grievance of the petitioner in the writ petition are: a) that show cause notice has not been served to him as required under Rule 22 of the BSF Rules. b) that no Court of Inquiry in accordance with section 62 of the BSF Act has been held in the present case. c) that petitioner had given sufficient cause for having overstayed, which was not taken into account by the respondents.