Jayanta Nath, S/o. Sri Kandarpa Nath vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Gau) 562

SANJAY KUMAR MEDHI
Jayanta Nath, S/o. Sri Kandarpa Nath – Appellant
Versus
Union of India – Respondent

Advocates Appeared:
For the Petitioner: Ms. U. Das.
For the Respondents: Shri. S.S. Roy, CGC.

Heard Ms. U. Das, learned counsel for the petitioner. Also heard Shri S.S. Roy, learned CGC appearing for all the respondents.

2. The petitioner has put to challenge the action of the respondent authorities in not allowing him to join his duties as Constable in the Border Security Force (BSF).

3. The facts projected is that in the year 1999, the petitioner was appointed as a Constable and while working in the D’ Coy of the Unit of 124 Battalion BSF Roop Nagar, New Cooch Behar in the State of West Bengal, he fell sick and had accordingly prayed for and was granted earned leave for the period from 25.09.2013 to 24.10.2013. It is the case of the petitioner that after coming to his native place in the district of Barpeta, he had further health problems as a result of which, he could not return for his duty. The petitioner alleges that he had both physical ailment as well as mental ailment for which he was treated.

4. Due to his absence, a show-cause notice was issued on 25.01.2014 directing him to submit his defense. The petitioner claims to have submitted a representation in response to the same which however has not been annexed to the petition. It is submitted that the reason for the

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