- (1.) WE have heard learned Counsel for the Appellant at length.
(2.) THE issue pertains to the dismissal of a constable belonging to the B.S.F. 42nd Battalion. The Appellant had joined this battalion on 29.7.2001 as transfer. The Appellant was sanctioned leave w.e.f. 8.8.2001. Thereafter, the leave was extended. When the Appellant applied for further leave on 30.8.2001, which request was received in the office of the Commanding Officer on 20.11.2001, the leave was not sanctioned and he was recalled by letter dated 26.11.2001. The Appellant, after receiving the letter, further asked for 6 months' extension of leave. He was sent reminders on 28.12.2001 and by telegram on 7.1.2002, he was asked to re -join his duties. From the order of the learned single Judge, we may note that court of inquiry was also directed. The court of inquiry found that the Petitioner was overstaying leave without sufficient cause and was recommended for disciplinary action. In order to take disciplinary action, an apprehension roll was issued to the Superintendent of Police, Fatehgarh, by registered letter dated 21.1.2002.
(3.) IT appears that the Appellant made an application on 25.1.2002 stating therein that he was fit and ready to join on 26.1.2002 but he still did not join the post. He was given one more opportunity by show -cause -notice dated 22.2.2002 for submitting reply. The Appellant did not reply and consequently was dismissed from service w.e.f. 26.3.2002 under Section 11(2) of the Act read with Rules 177 and 22 of B.S.F. Rules, 1969.;