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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Rajesh Kumar Kushram – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. dismissal for prolonged unauthorized absence. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. court's dismissal due to lack of merit. (Para 9 , 10) |
| 3. final order of dismissal of writ petition. (Para 11) |
JUDGMENT
Manmohan, J. (Oral)--Present writ petition has been filed by the petitioner seeking to quash the order dated 4th March, 2021 passed by Deputy Inspector General, whereby the representation of the petitioner seeking to reinstate him in service was rejected. The petitioner also seeks a direction to the respondents to reinstate the petitioner in 26th Battalion as a Constable).
2. Learned counsel for the Petitioner states that the Petitioner sought casual leaves on account of illness of his ailing mother from 5th February, 2018 to 25th February, 2018 and his leaves were sanctioned with a direction to resume duty from 25th February, 2018.
3. He points out that the mother of the petitioner was suffering from hypertension and hemiparesis and on 15th February, 2018, she fell seriously ill.
4. He admits that the Petitioner's unit sent multiple letters to the Petitioner dated 20th March 2018, 27th March 2018 and 05th April 2018, directing the Petitioner to report back a
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 ....
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.
Equitable conduct and provision of evidence are crucial in exercising jurisdiction under Article 226 of the Constitution of India.
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.
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....
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....
Termination of service without due process violates Articles 14 and 16 of the Constitution, necessitating adherence to principles of natural justice.
An employee who is absent from work without permission may be discharged from service, but an employee who is absent from work due to illness may be entitled to reinstatement.
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....
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.
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