NARPAT SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner, in the instant writ application, has prayed for the following relief(s):

(2.) Briefly, the skeletal material facts necessary for appreciation of the controversy needs to be first noticed. The petitioner proceeded on sanctioned leave on 13th May, 1981. The leave expired on 22nd May, 1981. The petitioner thereafter, from time to time, applied for extension of leave which was extended up to 5th June, 1981. The petitioner was absent from duty w.e.f. 8th June, 1981. He obtained a medical certificate on 10th August, 1981, which indicated that the petitioner needed rest from 8th June, 1981 to 10th August, 1981. A court of enquiry under Section 62 of the Border Security Force Act, 1968 (for short, 'Act of 1968'), was conducted. On the recommendations of the Court of enquiry, the petitioner was declared desertor w.e.f. 6th June, 1981.

(3.) A show cause notice dated 20th August, 1981 was also served on the petitioner to which he did not respond. The petitioner was found habitual of over staying the sanctioned leave and this act was repeated by him as many as 8 times. However, the Commandant taking very humanitarian and sympathetic approach regularised the period over stayed. The petitioner also earned two bad entires under Section 19(b) of the Act of 1968 for over staying leave granted to him without sufficient cause. On a cumulative consideration of the totality of facts and circumstances, the services of the petitioner were terminated w.e.f. 6th June, 1981. He was informed of the fact of termination of his services while he reported for duty as would be evident from order dated 27th May, 1982, which indicated that the fact was conveyed to him vide communication dated 20th November, 1981.