Vivek Agarwal, J. - (1.)Petitioner has challenged the order of dismissal from service Annexure P/1 dated 10.12.2003 issued by the Commandant, 120 Bn. BSF, so also Annexure P/2 dated 23.6.2004 i.e. the order of the appellate authority confirming the order of dismissal passed by respondent No.4/ Commandant, 120 Bn. BSF.
(2.)It is the case of the petitioner that he was appointed on the post of Constable, BSF, and he was allotted Constable No.94007758. On 21st March, 2003 the petitioner proceeded on 60 days sanctioned leave and in terms of the leave order, he was required to report back on 30th May, 2003, but according to the petitioner, on 22.5.2003 he had fallen sick, and therefore, applied for extension of leave by submitting medical certificates as are contained in Annexure P/4 (Coll). According to the petitioner, prior to his preparation to resume his duties, a criminal case was filed against him under the provisions contained in Sections 302 and 304-B inasmuch as there was an allegation that petitioner had killed his wife Smt. Pushpa Devi by torturing her for demand of dowry. It is also on record that said incident had taken place on 24.5.2003 and criminal case was registered in which petitioner was acquitted.
(3.)Petitioner submitted an application for reinstatement submitting that he was suffering from some ailment from 30.5.2003 to 7.10.2003 and thereafter on 8.10.2003 he was taken into custody and after facing criminal trial under Sections 304-B, 34 and 498-A of IPC, the petitioner was acquitted from the charges, and therefore, he should be permitted to join, but said representation was dismissed vide order dated 24th Jan., 2005. Prior to this, petitioner was sent a show-cause notice dated 31st Oct., 2003 asking him to show-cause as to why without sufficient cause he overstayed the leave w.e.f. 30.5.2003. Petitioner submitted reply to the said show-cause notice as is contained in Annexure P/7 and informed the authorities that he was on leave from 7.5.2003 to 20th June, 2003 and was required to report on 22.6.2003, but he had fallen sick before 24.6.2003 and had sent an application to Jammu Headquarters along with medical certificates. It is further mentioned that he continued to be sick from 23.5.2003 to 7.11.2003 and thereafter because of registration of criminal case, he is in judicial custody since 8.10.2003. Therefore, prayed that his absence may be condoned and he may be allowed to continue in service, but this representation did not find favour with the authorities and petitioner was dismissed from service w.e.f. 10th Dec., 2003.