JUDGMENT

The petitioner was enrolled in Border Security Force (hereinafter referred to as BSF) as a Constable (GD) on 21.02.1993. The petitioner was dismissed from the service with effect from 05.04.2004. The allegation against the petitioner was that he absented himself from duty without leave and intoxication.

2.The petitioner has approached this court in the present writ petition regarding the denial of his pension and other post- retired dues to him.

3.The learned counsel for the petitioner submitted that the petitioner had rendered 11 years, one month and 14 days of service in BSF before the date of the order of punishment of dismissal from service. It is further submitted that Rule 22 of the Border Securities Force Rules, 1969 (‘the BSF Rules’ for short) provides that the competent authority may pass an order of dismissal or removal from service with or without pension. His submission is that the order of dismissal does not specify whether the punishment order is with or without pension and therefore under the said circumstances Rule 182 of the BSF Rules prescribes that the Rule applicable to the employees of the Central Government would continue to apply.

4.Rule 49 (2)(a) of the