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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Ex-ct/gd Basavaraj Kotrappanavar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Neena Bansal Krishna, J. A writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking directions for quashing of the Orders dated 20.03.2019, 14.08.2019/12.09.2019 and 11.02.2020 whereby the petitioner was dismissed from the service and for directions to re-instate the petitioner along with consequential benefits.
2. The factual narration in brief, is that the petitioner was enrolled as a Constable (GD) with the respondents on 15.07.2012 and after the completion of his training, was posted with the 33Bn BSF. On 30.09.2018, the petitioner applied for 30 days of earned leave and 15 days of Paternity leave which was duly sanctioned from 01.10.2018 till 14.11.2018. However, unfortunate turn of family events at home prevented him to join back the battalion, when his sanctioned leave got over on 14. 11.2018. One day before, i.e. on 13.11.2018, his wife who was pregnant and was suffering from anemia and uncontrolled hypertension, went into acute labour pain. She was admitted in the hospital and was blessed with twin children. The medical condition of both the children was not stable and they were shifted to the Intensive Care U
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 justic....
Dismissal without adherence to natural justice principles and statutory procedures is invalid, necessitating reinstatement of the employee.
The main legal point established in the judgment is the importance of discipline in the Border Security Force, the adherence to the BSF Act and Rules in dismissal proceedings, and the limited scope f....
Point of Law : Court regarding the allegation being of overstay in leave, the impugned order of dismissal is held to be unsustainable in law.
Dismissal for desertion disproportionate for long-serving employee overstaying leave due to illness with prior intimation, absent proper inquiry; substitute with deemed discharge upon 20 years pensio....
Dismissal should only be imposed for willful and intentional absence, and the punishment should be proportionate to the gravity of the misconduct.
The main legal point established is that the dismissal of an employee must adhere to the principles of natural justice and be in accordance with the procedural requirements of the relevant laws and r....
The main legal point established in the judgment is that the respondents followed the mandate of the BSF Act, 1968 and the Rules of 1969 in conducting the proceedings against the petitioner, leading ....
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