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2023 Supreme(Online)(J&K) 539

HIGH COURT OF JAMMU AND KASHMIR
SANDEEP SINGH – Appellant
Versus
UOI.TH.MINISTRY OF HOME AFFAIRS AND ORS. – Respondent


JUDGEMENT

Sanjeev Kumar, J.

1 This intra-Court Appeal is directed against judgment dated 08.06.2012 passed by the learned Single Judge of this Court [„the Writ Court‟] in SWP No. 706/2004 titled „Sandeep Singh vs. Union of India and others‟ whereby the Writ Court has dismissed the writ petition of the appellant.

2 Briefly put, the facts, leading to filing of this appeal are that the appellant came to be enrolled as Constable in Border Security Force [„BSF‟] in April, 1986 and was subsequently promoted as Head Constable on 03.01.2003. He was, however, dismissed from service by the Deputy Inspector General of BSF vide his order No. Estt/SS/DISM/04/186-386 dated 03.01.2004 on the charge of his unauthorized absence from duty for 39 days w.e.f 02.10.2003 to 09.11.2003. Prior to his dismissal from service, the appellant had been awarded three punishments; on two occasions under Section 19 (a) and on one occasion under Section 19(b) of Border Security Force Act, 1968 [„the Act of 1968‟]. The appellant was reprimanded for an act punishable under Section 19(a) of the Act of 1968 for remaining absent without leave w.e.f 01.10.1991 to 02.10.1991. He was administered severe reprimand again for r

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