Dismissal of a Border Security Force Constable was declared void due to non-compliance with procedural safeguards under the BSF Act, violating constitutional rights to fair hearing and natural justice.

JUDGMENT :

ANANYA BANDYOPADHYAY, J.

1. The petitioner functioned as a Constable in Border Security Force being inducted on 18.12.1993. On completion of his basic recruitment training at STC, BSF, Bangalore, the petitioner was posted at 18th Bn. BSF on 14.01.1995. The petitioner continued to discharge his duties with sincerity and dedication. During his service tenure, the petitioner had been posted at various places across the country with his last posting at Jammu.

2. The petitioner sought for leave owing to his brother’s marriage. Seventeen days’ casual leave with effect from 17.06.2002 to 03.07.2002 inclusive of the holidays was granted to the petitioner. Intermittently, the petitioner fell sick and had been advised complete bed rest for a week by the doctor and the same was informed to the respondent authorities by a letter dated 01.07.2002 praying for an extension of his earlier leave for a period of one week.

3. The petitioner did not recover after the prolonged period of 7 days as aforesaid on account of his degrading health condition opting him to consult the Emergency Medical Officer, District Hospital, Etawah, who prescribed a medical certificate on 28.08.2002 declaring him fit to resume his duties after a month’s complete bed rest suffering from viral Hepatitis etc.

4. The petitioner had applied for further two months’ leave through a communication dated 24.07.2002 to the respondent authorities informing his physical illness. Meanwhile, the physical condition of the mother of the petitioner aggravated and was advised to undergo operation of uterus which was conducted on 30th of August, 2002. The mother of the petitioner was discharged from the nursing home on 06.09.2002.

5. The petitioner had received a letter on 09.07.2002 from the respondent no.5 much late on 26.08.2002 directing him to report at the Headquarters failing which disciplinary proceedings would be instituted against him. The petitioner, on discharge of his mother from the nursing home, reached the Headquarters on 07.09.2002 but was prevented to report to his duty and the joining report was refused to be accepted by the respondent no.5.

6. The petitioner learnt of a Departmental Enquiry to have been initiated against him for his unauthorized absence since 04.07.2002. The respondent no.5 did not accept the documents relating to the medical certificates of the petitioner as well as that of his mother and the application seeking medical leave for the period of his absence.

7. Subsequently, the petitioner returned home after filing an application stating acute weakness as a consequence of prolonged illness suffered by him. On 8th November, 2002, the petitioner received a registered letter issued by the respondent no.5 intimating his dismissal from service vide order dated 30.10.2002 which, according to the petitioner, was illegal, arbitrary and contrary to the provisions of Articles 14, 16 and 21 of the Constitution of India since the petitioner did not receive any show-cause notice dated 30