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SANJEEV SACHDEVA, MANOJ JAIN
Ex-constable S. Jagaoeesan – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner impugns order of discharge dated 06.07.2001 contending that the same was passed without jurisdiction.
2. Petitioner was enrolled in Border Security Force in the year 1990. Petitioner was granted leave till 23.03.2001, however, petitioner failed to report for duty after expiry of the leave and show cause notice dated 02.06.2001 was issued.
3. Since no reply was received to the show cause notice, the dismissal order dated 06.07.2001 was passed.
4. Petitioner has not challenged the said order or represented against the order dated 06.07.2001 for over 22 years. The ground of dismissal is that he was unauthorizedly absent for a period of 103 days.
5. Learned counsel for the petitioner submits that Section 62 of the BSF Act, 1968 has not been complied with. This submission of learned counsel for the petitioner has no merit for the reasons that show cause notice dated 02.06.2001 itself records that report relating to his absence has been considered and the Commandant was satisfied that the trial was Security Force Court was inexpedient and impracticable.
6. Not only the petition is highly belated having been filed after 22 years of p
Discipline is a non-negotiable condition of service in the Armed Forces, as emphasized by the BSF Act, 1968 and supported by Supreme Court precedent.
The dismissal of an Ex-Constable for repeated absences without leave was upheld, emphasizing the need to demonstrate prejudice for procedural violations against dismissal orders.
The main legal point established is that the dismissal of a member from service under Section 11(2) of the BSF Act, 1968 can be justified based on repeated instances of indiscipline and offenses, con....
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....
The court established that disciplinary authorities have the jurisdiction to dismiss personnel for unauthorized absence, provided due process is followed as per the governing statutes.
The court upheld the dismissal of the petitioner based on the past conduct and found no procedural irregularities in the dismissal process.
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