IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJIV KHANNA, NAVIN CHAWLA, JJ.
PRINCE CHAHAL - Petitioner
Versus
DIRECTOR GENERAL BORDER SECURITY FORCE AND ORS. - Respondents
W.P.(C) 1052 OF 2017
Decided On : 19-09-2017
Appointment - Failure to Join - Office Memorandum dated 09.08.1995 - Paragraph 2
Fact of the Case:
The petitioner, selected for the post of Sub-Inspector in the Border Security Force, failed to join the Academy within the stipulated period despite being granted two extensions due to injury and family reasons.
Finding of the Court:
The court found that the petitioner's reasons for not joining the Academy were false and lacked merit. It emphasized the importance of discipline in an armed force and noted that all other candidates had already joined and commenced their training.
Issues: Failure to join the Academy within the stipulated period, validity of the extensions granted, and the petitioner's reasons for non-joining.
Ratio Decidendi: The court relied on the Office Memorandum dated 09.08.1995, which specified the maximum time for joining after the offer of appointment and emphasized that extensions should not be granted liberally. It also considered the lack of discipline displayed by the petitioner.
Final Decision: The court dismissed the writ petition, finding no merit in the petitioner's case.
SANJIV KHANNA, J.
1. The petitioner, Prince Chahal, having cleared the Central Armed Police Force (CAPFs) Examination-2015, was selected for appointment to the post of Sub-Inspector in the Border Security Force (BSF).
2. The offer of appointment letter dated 03.10.2016 had required the petitioner to report to the Director, BSF Academy, Tekanpur, Gwalior (M.P) by 21.11.2016. Paragraph 11 had warned that failure to join the Academy on 21.11.2016 would result in automatic cancellation.
3. It is the case of the petitioner that he had 10.11.2016 suffered minor injury for which he was treated in the Civil Hospital, Sonipat (Haryana) and advised rest for three weeks. By the letter dated 10.11.2016, the petitioner had sought extension of time to join the Academy. Copy of this letter has not been placed on record.
4. The respondent by letter dated 24.11.2016, nevertheless, granted the petitioner extension of time requiring him to report at the Academy on or before 20.01.2017. Nearly, two months time was granted. Paragraph 3 of this letter dated 24.11.2016 had warned that on failure to report at the Academy on or before 20.01.2017, the petitioner’s candidature for the post of Sub-Inspector (DE) through CAPF(s) Exam-2015 would stand cancelled automatically and no further correspondence on the subject matter would be entertained in future under any circumstances. Thus, one and last extension was granted.
5. It is the case of the petitioner that he was working with Life Insurance Corporation of India at their branch office at Panipat. The petitioner claims having tendered his resignation on 06.01.2017, which was accepted on 16.01.2017. The resignation letter, it is obvious, was tendered in the extended period of joining and not by 21.11.2016, which was the original date of joining the BSF Academy.
6. The petitioner contends that he had booked train tickets to travel to Gwalior on 18.01.2017. Though, the petitioner has given the PNR number, copy of ticket or the date of cancellation has not been disclosed.
7. The petitioner contends that he had postponed his travel to 20.01.2017. A copy of his train ticket for travel on 20.01.2017 is filed and relied.
8. The petitioner claims that on account of injury in the right ankle, he was unable to board the train on 20.01.2017. The petitioner, in support, submits that he was examined in the Ram Manohar Lohia Hospital, at New Delhi, prescribed medicines and advised to take rest for three days. The petitioner has placed on record, as annexure P/6, medical prescription slip, issued by Dr. Ram Manohar Lohia Hospital, New Delhi.
9. The petitioner states that he had accordingly addressed another letter to the BSF Academy seeking extension of one month to report to the Academy.
10. Perusal of the medical prescription (annexure P/6) issued by Dr. Ram Manohar Lohia Hospital, would show that the petitioner had reported and was examined the said hospital on 23.01.2017. The petitioner had claimed that he had fallen the day before. Plea that the petitioner could not board the train on 20.01.2017 due to injury in his right ankle is belied by the very medical certificate relied upon. The assertion is false, and a mere pretence and excuse to cover up the lapse and failure to report to the Academy by the due date.
11. During the course of arguments, counsel for the petitioner had submitted that the petitioner had in fact vide letter dated 20.01.2017 requested for extension of time to join the BSF Academy and that inadvertently in the writ petition the date of letter is mentioned as 23.01.2017. A copy of the letter was handed over to us. The same is quoted by us below:-
“I Prince Chahal s/o Z.S. Chahal, Roll No.2002009780, SLB No.00540, received letter dated 21st Nov. 2017, as my application was accepted and I was asked to report at Tekanpur Academy on 20th Jan’17. I was prepared and excited to join this elite force. I resigned from the post of Development Officer, LIC of India on 16th Jan’17 in order to join the post o
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