INDER SINGH Vs. UOI AND ORS.

JUDGEMENT

(1.) The instant civil special appeal (writ) has been filed by theappellant-petitioner under Article 225 of the Constitution of India read with Rule 134 of the Rajasthan High Court Rules, 1952 against the judgment dated 3.3.2015 passed by the learned Single Judge in SBCWP No.4239/1999 whereby the learned Single Judge dismissed the writ petition filed by the petitioner against the order of termination dated 19.5.1999. As per brief facts stated in the writ petition by the petitioner-appellant when he was working with Border Security Force (hereinafter referred to as the BSF for short) in Rajasthan in the year 1997, due to illness he was remained in for treatment to the Civil Hospital for few days and after declaring fit by the Civil Hospital, when back to report on duty he was not taken on duty. On 7.3.1998 the appellant-petitioner again reported to be sick in the quarters of BSF and was referred for surgery on 9.3.1998 to the Civil Hospital at Bikaner where he was kept under continuous treatment from 10.4.1998 to 12.7.1998. The Civil Hospital, Bikaner declared him fit and directed to report to his unit but according to the petitioner-appellant he met with serious accident, therefore, admitted to the SMS Medical College and Hospital, Jaipur where operation was done to repair his fractured leg and, thereafter, discharged on 18.7.1998 by the hospital. The petitioner-appellant further stated in the writ petition that he remained under constant and continuous treatment of SMS Medical College and Hospital till 20.3.1999 and declaring fit to resume the duty on 23.7.1999. During the period of treatment a show cause notice was given by the respondent to the petitioner-appellant on 1.12.1997 and again fresh show cause notice was given on 21.1.1999 stating therein that you remained absent without leave from 25.7.1997. According to the petitioner-appellant reply was filed by him alongwith the documents in response to show cause notice, but vide order dated 19.5.1999 while exercising powers under Section 11(2) of the BSF Act, 1968 (hereinafter referred to as the Act of 1968 for short) read with rule 22 and 177 of the BSF Rules, 1969 (hereinafter referred to as the Rules of 1969 for short) he was dismissed from service illegally without holding any regular inquiry

(2.) In the reply filed by the respondents to the writ petition it was specifically pleaded that the petitioner-appellant was enrolled in BSF on 28.11.1994 as a Constable (Radio Operator) and he was detailed to undergo ORL Grade-III S.No.299 w.e.f. 18.12.1995 to 7.9.1996 at STS II FSF, Banglore, but he failed in above course. On 6.1.1997 the appellant-petitioner proceeded on earned leave of 60 days for his marriage w.e.f. 7.1.1997 to 7.3.1997 but he failed to rejoin the duty on 8.3.1997 and reported on 16.5.1997 after over stay of 69 days. It is also pleaded in para (A) of the reply that for such offence, the petitioner-appellant was awarded 21 days rigorous imprisonment in force custody w.e.f. 11.6.1997 to 1.7.1997.

(3.) As per the reply of the respondents, when the petitionerappellant was going to the unit quarter guard, he again absented himself without leave from the unit lines with the pretext of meal and to bring his bedding etc. and he was brought back to the unit by his father after 36 days of absence without leave on 16.7.1997. Due to above absence without leave, the appellant was put into the quarter guard for undergoing period of RI on 25.7.1997 at about 20.45 hours but he again absented himself without leave from unit quarter guard on the same day which is 24.7.1997.