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SANJAY KUMAR MEDHI
No. 134502953 Constable/Cook Komal, S/o. Lt. Girija Prasad – Appellant
Versus
Union of India, Rep. by Its Secy. , Ministry of Home Affairs – Respondent
JUDGMENT :
The writ jurisdiction of this Court has been sought to be invoked by the petitioner in respect of an order of dismissal from service dated 18.04.2015. It is the case of the petitioner, who was a Constable (Cook) in the BSF that such dismissal does not have the legal sanctity and has been passed without affording the minimum opportunity to the petitioner. On the other hand, the authorities have contended that there is no violation of the law holding the field and therefore, the impugned action does not sustain from any legal infirmity.
2. Before coming to the issue which has arisen for determination in this case, it would be convenient to state the facts of the case in brief.
3. The petitioner was appointed as a Constable (Cook) in the Border Security Force (BSF) on 24.01.2013 and was posted at 25 Bn. in New Delhi. In the month August-September, 2014, he was posted under the Commandant 57 Bn., BSF, Praharinagar, West Garo Hills, Meghalaya. At that time, the petitioner had availed Casual Leave from 04.10.2014 to 25.10.2014. However, just prior to expiry of the said leave period, the mother of the petitioner had expired and the petitioner claims to have informed about the same
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 without adherence to natural justice principles and statutory procedures is invalid, necessitating reinstatement of the employee.
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 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 punishment imposed should meet the standards of fairness and be in strict compliance with principles of natural justice.
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.
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