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SUMAN SHYAM
Hirok Jyoti Das S/o Sri Surendra Mohan Das – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Heard Mr. R. Mazumdar, learned counsel appearing for the writ petitioner. Also heard Ms. B. Sarma, learned Central Govt. Counsel appearing for the respondents.
2. The writ petitioner herein, who is an ex-Border Security Force (BSF) Constable, has approached this Court by filing the present writ petition assailing the order dated 12.11.2009 passed by the Commandant of the 27th Battalion, BSF, dismissing the petitioner from service inter-alia contending that the provisions of Rule 173(8) of the Border Security Force Rules, 1969 has not been followed in this case and therefore, the impugned order as well as the enquiry proceeding which had commenced on 05.09.2009 stands vitiated in the eye of law.
3. The facts of the case, in a nutshell, are that the petitioner had joined as a Constable in the BSF in the year 2004. While in service, the petitioner had to avail 15 days casual leave with effect from 01.06.2009 to 20.06.2009 with two days in between viz. 7th and 14th June being Sundays and 18th to 20th of June being the joining period. The petitioner claims that he was not keeping well on being diagnosed of being suffering from hepatitis, associated with malaria and was advised b
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 main legal point established is that the dismissal of an employee must adhere to the principles of natural justice and be in accordance with the procedural requirements of the relevant laws and r....
Dismissal without adherence to natural justice principles and statutory procedures is invalid, necessitating reinstatement of the employee.
Point of Law : Court regarding the allegation being of overstay in leave, the impugned order of dismissal is held to be unsustainable in law.
The main legal point established in the judgment is that the respondents followed the mandate of the BSF Act, 1968 and the Rules of 1969 in conducting the proceedings against the petitioner, leading ....
Discharge of police personnel without inquiry violates natural justice and mandatory administrative procedures.
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