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M. A. Chowdhary, J
Suresh Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. dismissal process and allegations against petitioner. (Para 1 , 2) |
| 2. respondent's compliance with procedural requirements. (Para 3) |
| 3. arguments regarding procedural failures and rights. (Para 4 , 5 , 6 , 10 , 14) |
| 4. court's affirmation of compliance and decision. (Para 8 , 12 , 18) |
1. The petitioner being aggrieved of the Order No.
2034/Estt/Disc/SSFC/04/8660-8777 dated 15.06.2004 issued by respondent No.5 -Additional DIG Commandant STC BSF Udhampur, in terms whereof the petitioner was dismissed from service and his period of absence w.e.f., 18.02.2004 to 26.04.2004 was treated as ‘dies non’, approached this Court with this petition under Article 226 of the Constitution of India, for quashing the same.
2. From what has been averred in the petition as well as from the record available on file, it is seen that the petitioner was appointed on 21.01.1999 initially as Cook in the Border Security Force (BSF) and subsequently on 17.04.2003 he was re-designated as Constable and was deputed for undergoing training in October 2003 at STC BSF P a g e | 2 Udhampur; that during training in February 2004, the petitioner claimed to have fallen ill and requested for grant o
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