BIKAS KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has moved this Court challenging orders dated 15.12.1994 and 30.6.1998 and for his reinstatement in service and other reliefs. The petitioner was selected for appointment to the post of Constable in Border Security Force (BSF) on 16.9.1993 and he joined his duty on 27.9.1993. The petitioner left for his native village on 3.8.1984, after informing his immediate superior officer as his mother was seriously ill. He remained absent from duty and a disciplinary enquiry was ordered against him and by order dated 15.12.1994 he was dismissed from service. His absence from duty from 3.8.1994 to 16.12.1994 was ordered to be treated as 'dies non'. The appellate authority by order dated 30.6.1998 rejected the appeal of the petitioner.

(2.) A counter-affidavit has been filed in which it has been mentioned that previously also the petitioner either remained absent from duty or over stayed without permission on eight occasions and on two occasions his absence has been treated as 'dies non'. The petitioner was awarded 14 days rigorous imprisonment in force custody on one occasion and when he deserted from Coy lines without permission on 3.8.1994, the Superintendent of Police, Jamui was informed and necessary CRO regarding his absence from duty was published. A one man Court of Enquiry was ordered on 9.9.1994 and on the basis of the opinion of the Court of Enquiry, the petitioner was dismissed from service with effect from 16.12.1994.

(3.) Heard learned counsel for the parties and perused the documents on record.