DURGADAS SAULAKHE S/O NARAYAN RAO SAULAKHE Vs. UNION OF INDIA AND ORS ; DIRECTORATE GENERAL, BORDER SECURITY FORCE; DEPUTY DIRECTOR, BORDER SECURITY FORCE, JODHPUR; COMMANDANT, 27 BATTALION, BSF, SAM ROAD, JAISALMER

JUDGEMENT

(1.) The present appeal arises from order dated 04.11.2015 dismissing S.B.Civil Writ Petition No.7768/2014. The learned Single Judge held that the Border Security Force (hereinafter referred to as 'the BSF') being a disciplined Force, absence from duty for a period of 113 days warranted no interference with the impugned order of dismissal.

(2.) Learned counsel for the Appellant submitted that the Appellant was suffering from Somnambulism because of which he was afflicted by sleep walk and talk. The Respondents had issued a show cause notice as to why disciplinary action be not taken which could not be replied as he was under treatment and considering that the Appellant had no defence the dismissal has been ordered. The representation to the Inspector General, Headquarters, Rajasthan Frontier in terms of the order of dismissal has also not brought any relief. The absence was not voluntary but because of medical disability.

(3.) Counsel for the Respondents has opposed the appeal submitting that the order impugned calls for no interference if the Appellant was absent for 113 days. It is evident from the order dated 03.10.2011 that the application submitted by the wife of the Appellant with regard to his illness was also considered by a review committee under the Chairmanship of the Inspector General, BSF, Rajasthan which found no reason to come to any different conclusion.