Ashoke Kumar Dasadhikari, J. - (1.) Mr. Kamalesh Bhattacharyya, learned Counsel appearing for the petitioner, submits that due to petitioner's illness he absented himself from service. He prayed for extension of leave but the authority did not grant him. Subsequently, charge-sheet was issued and he was awarded punishment of dismissal. On appeal the appellate authority changed the dismissal order to 90 days Rigorous Imprisonment.
(2.) Learned Counsel appearing for the petitioner submitted that there is no such provision for Rigorous Imprisonment in B.S.F. Act, 1968. He also submitted that the writ petitioner's suffering from illness is evident from the records itself and he also submits that there is no dispute in regards to ailment of the writ petitioner.
(3.) The respondent authorities failed to consider the matter in appropriate manner and have come to a wrong conclusion and that too without taking note of the petitioner's inconvenience to join his duties. Learned Counsel for the petitioner submits that the refusal for extension of leave is illegal on the part of the respondents.;