SAMBUDDHA CHAKRABARTI,J. - (1.) Let the affidavit of service filed in Court today be kept with the record.
(2.) The petitioner was an enrolled member of the Border Security Force. While acting as a Constable he was charged with the allegation of absenting himself without leave with effect from October 3, 2014. It appears from the notice dated January 14, 2015 that the court of enquiry was held in terms of section 62 of the Border Security Force Act, 1968 and it also came to a finding of unauthorised absence.
(3.) The petitioner was given an opportunity to urge in his defence if he had anything to say against the proposed order of dismissal from service. Subsequently, by an order dated March 19, 2015 the petitioner was dismissed from service with effect from March 19, 2015. The petitioner filed an appeal against that to the Inspector General of the Border Security Force by way of a representation. By an order dated July 6, 2015 the representation was rejected with a specific finding that the petitioner had absented himself without leave from October 3, 2014 and he was given ample opportunity to resume his duty which he failed to avail himself of. It was also observed that the petitioner did not respond to any of the letters sent by the unit nor informed regarding his illness or treatment. The concerned Inspector General had further recorded that the medical documents submitted by him also revealed that he has been treated only at the Out Patient Department of the hospital. The authority therefore did not interfere with the order of dismissal passed against him.;