1. Petitioner was enrolled as Constable in Border Security Force on 15-11-1988 and attached with Filed G-Team SHQ BSF, Srinagar. As ill luck would have it, the petitioner fell ill in August 2005 and was constrained to proceed on 40 days' earned leave with effect from 16.8.2005 to 24.9.2005. The ailment detected as TB Spine with depression Neurosis led to hospitalization of the petitioner from 12.9.2005 to 24.9.2005. The petitioner in the face of his domestic problems and his ailment, submitted his resignation to Commandant, 76 Battalion, BSF, Jaisalmer, Rajasthan. The resignation was not accepted and the petitioner asked to resume his duty. However, the petitioner could not report to his Unit and the Commandant, 76 Bn, BSF, Jaisalmer (Rajasthan) vide order no. Estt/Dismiss/76 Bn/06/4149-66 dated 20.7.2007 ordered his dismissal from service.

2. The record discloses that the petitioner though vide notice no. Estt/Disc/76Bn/06/863-65 dated 5-5-2006 given an opportunity to show cause against his proposed dismissal from service, failed to submit his reply or show the cause.

3. The petitioner questions the order no. Estt/Dismiss/76Bn/06/4149-66 dated 20.7.2007 through the medium of instant

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