UNION OF INDIA Vs. UMESH KUMAR MALIK

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Single Judge dated 25.7.1997. The writ petition filed by the respondent-petitioner was accepted by learned Single Judge by which Annexure-5 dated 31 st January, 1991, striking off the name of petitioner from Unit w.e.f. 31.10.1991 with immediate effect, and the show cause notice dated 11.1.1991 in pursuance of which termination order took place were quashed.

(2.) The respondent-petitioner was working as a Sweeper with the Border Security Force and was posted in 73 Battalion. He proceeded on sanctioned leave from 10.10.1990 to 29.10.1990. However, he did not report on duty after expiry of sanctioned leave. After show cause notice was issued he applied for extension of leave on medical ground upto 30th January, 1991. As per the petitioner, he had come to the office on 31st January, 1991 after remaining absent from duty for the period including the period as alleged in the application for extension of leave but he was not taken on duty and was handed over the letter of dismissal from service on 31st January, 1991.

(3.) The learned Single Judge allowed the writ petition by holding that no enquiry was held nor any report has been put before the Commandant thus, the provisions of Rule 22 of the B.S.F. Rules has not been complied with. Learned Single Judge was of the opinion that proper opportunity of hearing should be given to the respondent-workman. Therefore, the show-cause notice was set at naught. Consequently, the termination order as also set aside.