BIRENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner assailing the action of the respondents of dismissing him from service and praying for direction to the respondents to allow the petitioner to resume duty without any interruption till the date of superannuation alongwith all consequential benefits in the form of promotion, seniority with arrears of pay and interest.

(2.) As per petitioner, he was enrolled in Border Security Force as Constable (GD) on 11/04/1987 and after completion of basic training at 25th Bn. BSF, he joined in 3rd Bn. BSF on 22/04/1988 and was further posted to 94th Bn. BSF on 20/11/1992.

(3.) The contention of the petitioner is that in terms of Sec. 19 of the BSF Act, 1968, if for the sake of arguments, it is assumed that the petitioner was absent from duty without leave and without explanation, then also at the maximum three years' punishment can be imposed. Further, in terms of Sec. 62 of the Act of 1968, enquiry has to be conducted for imposing penalty which in the case of the petitioner has not been conducted and the petitioner straightway has been dismissed from service.