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2023 Supreme(Cal) 216

LAPITA BANERJI
Simonta Borah – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner:Soumen Kumar Dutta, Soumadip Saha, Advocates. For the Respondents:S. Nandy, Debapriya Samanta, Advocates.

JUDGMENT

The writ petitioner was recruited as a Constable in the Border Security Force (BSF). The writ petitioner prayed for earned leave for 45 days. He was granted Casual Leave of 15 days with effect from June 22, 2020 till July 9, 2020. Without praying for extension of leave, the writ petitioner continued being on leave. By a notice dated July 16, 2020 issued by the Commandant, the writ petitioner was asked to join his service immediately. It was intimated to him that strict disciplinary action will be initiated against him under the BSF Act and Rules unless he immediately joins his service. Again by a notice dated September 23, 2020 issued by the Commandant, the petitioner was directed to immediately report to duty. In default, it was intimated that strict disciplinary action will be initiated against him. By a further notice dated September 30, 2020, the petitioner was again directed to report immediately and was intimated that disciplinary action will be initiated against him, in default. The petitioner chose not to reply to the said notices. He neither joined his service.

Thereafter a show-cause notice was issued on March 4, 2021 whereby it was recorded that the petitioner has

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