Dismissal proceedings must adhere to the prescribed procedures, and the recording of a plea of guilty must comply with Rule 142(2) of the BSF Rules of 1969.

JUDGMENT :

1. The petitioner in the instant petition filed under Article 226 of the Constitution of India has implored for the following reliefs:-

i. To quash Order No. Estt/IstBn/SSFC-MK/2001/13622-822 dated 3.10.2001 (order has not been served on the petitioner), issued by the Adjutant on behalf of Commandant, 01 Bn. BSF, by which the respondents have dismissed the petitioner from service w.e.f. 3.10.2001, and Order No. Estt/IstBn/SSFC-MK/2001/16987-91 dated 22.11.2001, issued by the Adjutant on behalf of Commandant, by which the respondents have treated the period w.e.f. 4.7.2001 to 15.9.2001 as dies-non; and also to quash the proceedings of Summary Security Force Court (if any done) and the Charges (if any) framed against the petitioner, by issuance of Writ of Certiorari;

ii. To issue directions to the respondents to consider the case of petitioner for reinstatement and to allow the petitioner to resume/perform his duties on the post of Constable on which the petitioner was working prior to his dismissal from service, by issuance of Writ of Mandamus;

iii. To issue directions to the respondents to release the salary of petitioner and to give all other consequential benefits to which the petitioner is entitled to, as also to treat the period of petitioner w.e.f. 3.10.2001 to the date the petitioner rejoins the Unit on ‘duty’ by issuance of a Writ of Mandamus;

iv. To issue directions to the respondents restraining them to treat the period w.e.f. 3.10.2001 till the date of joining the petitioner on duty as ‘break in service’ by issuance of Writ of Prohibition;

v. To declare Order No. Estt/IstBn/SSFC-MK/2001/13622-822 dated 3.10.2001, (order has not been served on the petitioner) issued by the Adjutant on behalf of Commandant, and Order No. Estt/IstBn/SSFC-MK/2001/16987-91 dated 22.11.2001, issued by the Adjutant on behalf of Commandant, and the proceedings of Summary Security Force Court (if any done) and also the Charges (if any) framed against the petitioner, being ultra vires, unconstitutional and contrary to the provisions of BSF Act and Rules and also contrary to the provisions of law, by issuance of Writ of Mandamus;

vi. To issue directions to the respondents to produce all the original record of departmental proceedings (if any done) before this Hon’ble Court by issuance of Writ of Mandamus.

2. The facts under the shade and cover of which the aforesaid reliefs are prayed by the petitioner are that the petitioner came to be appointed as a Constable in Border Security Force (for short “the BSF”) on 07.07.1990 and allotted No. 90755573 and after undergoing requisite training at STC BSF, Udhampur (J&K), came to be posted in 01 Bn BSF and performed duties in different States at various places earned three cash rewards from the Inspector General, Deputy Inspector Commandant.

3. It is being stated that when the petitioner was on move from Srinagar (J&K) to West Bengal on 04.07.2001, he received a message from his home that his son has been seriously taken ill, whereupon with the permission of the Company Commandar after making a request to avail leave while being halted at Samba (J&K), the petitioner went to his home to see his son and while ensuring treatment of his son at home/hospital, the petitioner applied to the respondents for grant of leave/extension thereof by way of an application which came to be forwarded by the Inspector General, BSF, Jammu.

4. It is being further stated that after the recovery of his son from the ailment, the petitioner approached his Unit for rejoining his duties which he was not permitted to do and instead was told that “he stands dismissed from service” in terms of order No. Estt/IstBn/SSFC-MK/2001/13622-822 dated 03.10.2001 on account of being absent without leave. It is being further stated that pursuant to the order of dismissal dated 03.10.2001, which was never served upon the petitioner, the Adjutant on behalf of the Commandant issued order No. Estt/IstBn/SSFC-MK/2001/16987-91 dated 22.11