The main legal point established in the judgment is that the respondents followed the mandate of the BSF Act, 1968 and the Rules of 1969 in conducting the proceedings against the petitioner, leading to the dismissal of the petition.

ORDER :

1. Through the medium of the instant petition, the petitioner has invoked the extraordinary writ jurisdiction of this Court enshrined under Article 226 of the Constitution of India while imploring for the following reliefs:-

i) To quash Order No. Estt/163/SSFC/SSY/2002/1874-89 dated 20.2.2002 issued by the Commandant 163Bn BSF by which the Commandant has imposed the punishment of dismissal from service on the petitioner and to quash Order No. Estt/DISC/SHQ/RJR/02/4910-14 dated 19.09.2002 issued by the Dy. Inspector General of BSF, Sector Headquarter Rajouri by which the Dy. Inspector General has rejected the appeal of the petitioner being devoid of merit and also to quash Summary Security Force Court proceedings (if any done) and also to quash the Charges framed against the petitioner by issuance of writ of Certiorari; and

ii) To issue direction to the respondents to consider the case of the petitioner for re-instatement and to allow the petitioner to join and perform the duties on the post of Constable on which the petitioner was working prior to the issuance of Order dated 20.2.2002 and to pay salary and all other consequential benefits to the petitioner for which the petitioner is entitled and also to treat the period from the date of dismissal to the date the petitioner re-join the duty as “on duty” by issuance of writ of mandamus; and

iii) To issue direction to the respondents restraining them to implement the Order No. Estt/163/SSFC/SSY/2002/1874-89 dated 20.2.2002 and restraining the respondents to fill up the post of petitioner by making appointment or adjustment and also restraining the respondents to treat the period w.e.f. 20.2.2002 till the date the petitioner re-join the duty as “break in service” by issuance of writ of prohibition; and

iv) To issue direction to the respondents to declare the Order No. Estt/163/SSFC/SSY/2002/1874-89 dated 20.2.2002; and Order No. Estt/DISC/SHQ/RJR/02/4910-14 dated 19.9.2002; and Summary Security Force Court proceedings (if any done) and also the Charges framed against the petitioner as unconstitutional, ultra-vires and contrary to the provisions of BSF Act and Rules by issuance of writ of mandamus;

v) To issue direction to the respondents to produce all the record of Summary Security Force Court 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 have been prayed by the petitioner as stated in the petition are that the petitioner came to be appointed as a Constable (GD) in the Border Security Force (for short “the BSF”) on 18.04.1992 under no. 92010106 having been recruited from West Bengal and upon undergoing training at Kharkha Camp (Punjab) came to be posted in 163 Bn BSF.

3. It is being stated that the petitioner came to be granted 15 days leave w.e.f. 28.08.2002 to 12.09.2002 and during the period of availing of the said leave, the petitioner was taken ill which illness was reported to the respondents through various letters and a representation along with Medical Certificate, which came to be received by the respondents on 14.10.2000, and that in the meantime, there was marriage of the petitioner’s nephew and the petitioner again applied for leave to the respondents, which, however, was not granted.

4. It is being next stated that the respondents framed a charge against the petitioner on 18.02.2002 under Sections 19(a) and 19(b) of the Border Security Force Act, 1968 (for short “the Act of 1968”) alleging therein that the petitioner having been granted 16 days leave w.e.f. 28.08.2000 up to 12.09.2000 failed to rejoin his duties and thereafter re-joined on 18.12.2000 after over staying the leave of 97 days and that the respondents framed another charge against the petitioner alleging that the petitioner having been discharged from General Hospital, Rajouri on 11.04.2000 with a direction to report to the Battalion Headquarter, Rajouri absented without leave till 29.05.2001 i.