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2013 DIGILAW 413 (JHR)

Bikas Kumar Singh v. Union of India

2013-03-22

SHREE CHANDRASHEKHAR

body2013
Judgment 1. The petitioner has moved this Court challenging orders dated 15.12.1994 and 30.06.1998 and for his reinstatement in service and other reliefs. 2. The petitioner was selected for appointment to the post of Constable in Border Security Force (BSF) on 16.09.1993 and he joined his duty on 27.09.1993. The petitioner left for his native village on 03.08.1984, 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 03.08.1994 to 16.12.1994 was ordered to be treated as 'dies non'. The appellate authority by order dated 30.06.1998 rejected the appeal of the petitioner. 3. 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 03.08.1994, 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 09.09.1994 and on the basis of the opinion of the Court of Enquiry, the petitioner was dismissed from service with effect from 16.12.1994. 4. Heard learned counsel for the parties and perused the documents on record. 5. The learned counsel for the petitioner has submitted that when the petitioner received information about the illness of his mother, he applied for leave however, when leave was not sanctioned, after intimating his immediate superior the petitioner left for his native village on 03.08.1994. Ultimately, his mother died on 15.08.1994 and he sent letters dated 04.08.1994 and 28.08.1994 seeking grant of leave on the aforesaid ground. The petitioner could not join duty due to reasons beyond his control and therefore, the authorities should have considered his case sympathetically. 6. On the other hand, the learned counsel for the respondents has reiterated the stand taken in the counter affidavit and justified the order of dismissal passed against the petitioner. 7. The petitioner could not join duty due to reasons beyond his control and therefore, the authorities should have considered his case sympathetically. 6. On the other hand, the learned counsel for the respondents has reiterated the stand taken in the counter affidavit and justified the order of dismissal passed against the petitioner. 7. The record of the case discloses that besides the incidents of remaining absent/overstaying and award of rigorous imprisonment in force custody, the petitioner has been caught on 16.09.1998 impersonating in uniform as BSF Sub-Inspector during a recruitment camp at Hazaribagh. A case under Sections 419/420/384/511 I.P.C. was registered against the petitioner. The petitioner appears to be a habitual offender and an indisciplined constable. 8. I find no reason to interfere with the order of dismissal passed against the petitioner. Accordingly, the writ petition is dismissed.