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S. K. MISHRA, RONGON MUKHOPADHYAY
Sumit Ranjan Sinha, Son of Sri Manoj Ranjan Sinha – Appellant
Versus
Union of India through the Secretary, Department of Home, Government of India – Respondent
ORDER :
(R. Mukhopadhyay, J.)
Upon hearing the learned counsel for the respective sides, the Court made the following order :
2. This appeal is directed against the order dated 19.10.2022, passed in W.P.(S) No. 149 of 2009 whereby and whereunder the prayer of the appellant for quashing of the order no. Adm/2051/dismiss/2007/1967-1716 dated 7.4.2007 issued under the signature of the Officer Commandant TC and BSF Hazaribagh dismissing the appellant from service on the ground of being absent from duty has been rejected.
3. The factual aspects of the case reveal that the appellant was appointed in the service of Border Security Force on 5.8.2000 and was posted as a constable in 31 BH BSF attached with Jazz Band of TC & 5 BSF Meru Camp Hazaribagh.
4. The appellant was granted leave for ten days for the period 29.08.2006 to 09.09.2006. Since the appellant did not join, vide letter dated 25.09.2006, the Staff Officer (Adm) TC & S BSF Hazaribagh had directed the appellant to join, failing which disciplinary action was sought to be initiated under the BSF Act & Rules. Several letters followed directing the appellant to join his duty. Since the appellant continued to remain absent, a one Man
The main legal point established is the consideration of proportionality in imposing dismissal as a penalty, taking into account the circumstances and unblemished career of the appellant.
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.
The dismissal of an Ex-Constable for repeated absences without leave was upheld, emphasizing the need to demonstrate prejudice for procedural violations against dismissal orders.
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....
Wilful absence from duty over a prolonged period by a member of a disciplined force constitutes continued misconduct, justifying dismissal.
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....
Absence due to compelling circumstances cannot be considered willful, and dismissal orders should consider all relevant aspects before being issued.
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