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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Satpal Singh – Appellant
Versus
Union Of India – Respondent
Order :
(ARUN MONGA, J.)
1. Having rendered 25 years of service in the Border Security Force, which safeguards the nation's frontiers, the petitioner, an ex-constable, is before this Court seeking enforcement of his legal rights. He, inter alia, seeks issuance of a writ of certiorari to quash his dismissal order dated 27.11.2014, which was passed on the ground of his alleged misconduct i.e. remaining absent from duty for 238 days without sanctioned leave.
2. Petitioner has preferred both the above titled writ petitions. In SBCWP No.2348/2007, he impugns the show cause notice dated 20.12.2006, which proposed his reversion to the post of Class-IV Employee. Subsequently, by an order dated 27.11.2014, he was dismissed from service which is the subject matter of SBCWP No.3246/2015. The petitioner seeks quashing of both the impugned orders, along with all consequential reliefs, including reinstatement to the post of Constable with full pecuniary benefits and continuity of service.
Case set up by petitioner.
3. It is deemed appropriate that the prayer clauses of both the petitions be seen first. For ready reference, the same are reproduced as under:-
"SBCWP No.2348/2007
It is, therefore, humbly
Dismissal from service must be proportionate to misconduct; long service and mitigating circumstances warrant reconsideration of disciplinary actions.
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 main legal point established in the judgment is that the dismissal order must adhere to the provisions of the Border Security Force Act, 1968 and the Border Security Force Rules, 1969, and failur....
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....
The court emphasized the importance of maintaining discipline in a force and upheld the penalty of dismissal from service based on the serious nature of the charges.
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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