Devinder Gupta, J.

( 1 ) THE petitioner has sought the quashing of order of dismissal from service dated 6. 3. 1991 passed by the Commandant, 67 Bn. , Border Security Force in exercise of powers conferred under Section 11 (2) of (he Border Security Force Act, 1968 (hereinafter referred to as the Act ) along with all consequential reliefs.

( 2 ) THE petitioner was enlisted as Constable (Messenger) on 23. 2. 1961 in Punjab Police and later on embodied in Border Security Force (for short BSF) with effect from 1. 3. 3966. The petitioner remained posted in Punjab, Nagaland, Tripura and New Delhi. On 17. 2. 1989 he was attached from his Unit 67 Bn. BSF Ferozepur to BSF Signal Regiment, Delhi for 3 months for the treatment of his only son, who had got fractured his leg in an accident. He was ordered to return back to his unit at Ferozepur on 31. 3. 1989, i. e. , before the expiry of the said period of 3 months leave. The petitioner represented against the premature recall and on 4. 5. 1989, it is alleged by him, that he was stopped from entering the unit and from marking his presence. He again is alleged to have represented to the authorities but of no avail. On 28. 5. 1989 the petition

Click Here to Read the rest of this document