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2021 Supreme(Del) 517

RAJIV SAHAI ENDLAW, AMIT BANSAL
Deepak Chaudhary – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Abhay Kumar Bhargava, Adv.
For the Respondent: Ms. Shruti Shivkumar, Adv. on behalf of Mr. Ravi Prakash & Mr. Syed Hussain Adil Taqvi, Advs.

JUDGMENT :

Amit Bansal, J.

[Via Video Conferencing]

CM No.24512/2021 (for permission to file uncertified, dim & un-typed Hindi annexures)

1. Allowed, subject to just exceptions and as per extant rules.

2. The application is disposed of.

W.P.(C) 7885/2021

3. The present petition has been filed by the petitioner, an Ex-Constable in respondent Border Security Force (BSF) impugning the dismissal order dated 22nd January, 2021 of the Commandant, BSF dismissing the petitioner from service with effect from 22nd January, 2021 pursuant to finding of the Summary Security Force Court (SSFC) of the petitioner being guilty of offences under Section 19(a) of the Border Security Force Act, 1968 (BSF Act).

4. The petitioner, absented himself without leave twice, from 16th August, 2020 till 18th August, 2020 and again from 29th August, 2020 to 23rd October, 2020. The respondent BSF wrote letters to the petitioner, asking him to re-join his duties, but the said letters were not replied to by the petitioner and he resumed his duties only on 23rd October, 2020. The petitioner was heard by the Commandant, BSF, who remanded the petitioner for Record of Evidence. The petitioner, after competition of the Record o

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