Subrata Talukdar, J. - (1.) In this writ petition the petitioner challenges the impugned order of dismissal from service issued by the respondent/Border Security Force (for short BSF) dated 19th August, 1999. The petitioner, who is represented by Ld. Senior Counsel, Mr. Pratik Dhar assisted by Mr. Haradhan Mondal, Ld. Counsel commences his submission with the fact that the petitioner joined service with the BSF to the post of constable on 15th June, 1994. The petitioner was posted in the Jammu & Kashmir sector in 1996 and, applied for Earned Leave (for short EL) from November, 1998 to December, 1998.
(2.) The petitioner failed to report for duty on expiry of his EL period and, applied for extension of leave in February, 1999. Since the petitioner did not apply for extension of leave for two months, i.e. between December, 1998 and February, 1999 and, had exhausted the initial leave period, his application for extension of leave was rejected and the respondent/BSF directed him to rejoin service by a communication dated 4th March, 1999. The petitioner thereafter reported for a day only on 19th March, 1999 and, deserted his Unit en route from Pulwana to Srinagar. Thereafter the petitioner absented himself from duty on and from 20th March, 1999, forcing the respondent/BSF to order a Court of Inquiry (COI) in May, 1999. The COI investigated the absence of the petitioner from service in terms of Section 62 of the BSF Act, 1968 (for short the BSF Act) and, came to the conclusion that the petitioner is absent without reason and authority. Therefore, the petitioner was declared a deserter eligible to be dismissed from service.
(3.) The petitioner interestingly applied for extension of leave by his communication dated 17th April, 1999 which, was received by the respondent/BSF on 19th April, 1999. Since the petitioner was already declared to be a deserter by the COI , the question of extension of leave did not arise.;