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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Deepak Chaudhary – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. dismissal of constable for absence without leave (Para 3 , 4 , 5 , 6) |
| 2. challenge to dismissal based on procedural violations (Para 7) |
| 3. absence justified; effect on discipline and context of fairness (Para 8 , 9 , 10) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Amit Bansal, J.
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 l
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 court upheld the dismissal of the petitioner based on the past conduct and found no procedural irregularities in the dismissal process.
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....
Disciplinary actions within the Border Security Force must uphold strict standards of conduct, and procedural grievances not raised timely do not warrant overturning a dismissal.
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 court upheld the dismissal from service based on the lack of prejudice from procedural irregularities and the petitioner's failure to contest the charges during the Summary Security Force Court p....
The main legal point established is the consideration of proportionality in imposing dismissal as a penalty, taking into account the circumstances and unblemished career of the appellant.
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....
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