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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Mahender Singh – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. factual background of service, accident, leave, and dismissal. (Para 1 , 2 , 3 , 4) |
| 2. petitioner's illness notifications ignored without inquiry. (Para 5) |
| 3. respondents justify dismissal for unauthorized absence. (Para 6) |
| 4. procedural flaws in deserter declaration and no inquiry. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 5. precedent: mitigate dismissal for long service overstays. (Para 13 , 14 , 15) |
| 6. dismissal disproportionate given unblemished long service. (Para 16 , 17 , 18) |
JUDGMENT :
Sandeep Sharma, J.
Petitioner herein is aggrieved of order dated 07.11.2016 (Annexure P-16), whereby representation having been filed by the petitioner in terms of order/judgment dated 28.04.2016 passed by this Court in CWP No. 177 of 2009, titled Mahender Singh vs. Union of India and others, came to be rejected.
2. Precisely, the facts of the case, as emerge from the pleadings adduced on record by the respective parties, are that on 10.12.1988, petitioner joined the Indo-Tibetan Border Police Force (ITBP) as Constable General Duty. On 13.12.2005, petitioner, while on active duty, met with an accident, while travelling from Barsar to Head Office at Ludhiana, as a result of which, he remained
Dismissal for desertion disproportionate for long-serving employee overstaying leave due to illness with prior intimation, absent proper inquiry; substitute with deemed discharge upon 20 years pensio....
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 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....
An employee deemed unsuitable for a job may be dismissed without inquiry, particularly in cases of prolonged unauthorized absence.
The party who invokes the extra ordinary jurisdiction under Article 32 and Article 226 is supposed to the truthful, frank and open. He cannot be allowed to play ‘hide and seek’ or to ‘pick and choose....
The court established that adherence to procedural safeguards in disciplinary actions is essential, but claims of mental incapacity must be substantiated to affect the outcome of such proceedings.
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