Banjit Das S/o Late Umesh Ch. Das vs Union Of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Gau) 1296

N. UNNI KRISHNAN NAIR
Banjit Das S/o Late Umesh Ch. Das – Appellant
Versus
Union Of India – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MRS.A SARMA, MR.J P CHAUHAN,MR.K PAUL,MS.R VERMA
For the Respondent: ASSTT.S.G.I., C.G.C.,MR.M PHUKAN(R- 1-5)

JUDGMENT :

Heard Mr. J. P. Chauhan, learned counsel for the petitioner. Also heard Mr. R. K. D. Choudhury, learned DSGI, appearing on behalf of all the respondents.

2. The petitioner by way of instituting the present proceeding, has presented a challenge to an order, dated 12.10.2010, removing the petitioner from his service with the Sashastra Seema Bal w.e.f. 12.10.2010. The petitioner has also challenged an order, dated 11.05.2010, by which the petitioner was declared to be a 'deserter'. Further, an order, dated 26.10.2016, rejecting the appeal so preferred by the petitioner, herein, against the order, dated 12.10.2010, is also assailed in this writ petition.

3. As projected in the writ petition; the petitioner was initially appointed as a Constable(GD) in the Sashastra Seema Bal and he joined his service on 25.04.2000 and was so posted at 15th Bn., Sashastra Seema Bal, at Bongaigaon. The petitioner had availed Earned Leave w.e.f. 05.10.2009 to 03.12.2009. However, on conclusion of his said period of leave, the petitioner did not rejoin his service. The petitioner contends that he was under treatment w.e.f. 30.11.2009 on account of mental illness as suffered by him at the relevant p