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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Rohit Kumar Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal order (Para 2) |
| 2. petitioner's claims and arguments (Para 3 , 4) |
| 3. respondent's defense and arguments (Para 5) |
| 4. court's findings and observations (Para 6 , 7 , 8) |
| 5. writ dismissed for lack of merit (Para 9 , 10) |
JUDGMENT
1. The hearing has been conducted through video conferencing.
2. Present petition has been filed challenging the dismissal order dated 17th August 2020 passed by the Respondent No.3. Petitioner further seeks directions to the Respondents under Section 118 of BSF Act, 1968 to reinstate him in service and to grant him arrears as well as damage for mental agony. Petitioner also prays for directions to the Respondents to fully pay the allowances until the absence of petitioner is regularized.
3. Learned counsel for the Petitioner states that the order in appeal passed by the Inspector General (BSF) dated 22nd May, 2021 is erroneous as it makes the petitioner suffer for the non-response of the local police authority to serve the Apprehension Roll issued by the Respondents. He states that the petitioner could not rejoin his service between 06th October, 2019 and 09th June, 2020 as the Petitioner's wife and father were serio
The obligation to report for duty is paramount; without sufficient proof of personal hardships, a member's unauthorized absence justifies dismissal under the BSF Act.
A member of Central Armed Police Forces is obligated to report back to duty timely, as absence without leave can justify removal from service regardless of personal circumstances.
Equitable conduct and provision of evidence are crucial in exercising jurisdiction under Article 226 of the Constitution of India.
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....
The petitioner failed to provide sufficient evidence to support his claims and did not give any valid reasons for his absence. The dismissal order was validly passed by the Commandant in accordance w....
Dismissal from service upheld due to prolonged unauthorized absence and insufficient justification for the leave; reinstatement denied as the petitioner failed to comply with mandatory communication ....
Article 311 of the Constitution does not apply to members of the Force, and extreme indiscipline and lack of respect for service can justify dismissal.
Dismissal from service without trial is permissible under the BSF Act when due process is deemed followed, and claims for medical reasons must be substantiated with contemporaneous records.
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.
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