NO. 97005927 EX CONSTABLE/GD ASHWIN PATTI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed, challenging the impugned dismissal order dtd. 31/8/2015 passed by the Summary Security Force Court (SSFC) constituted under the BSF Act, 1968 with a direction to reinstate him in the service from the date of his dismissal, i.e., 31/8/2015 with back wages and with such other perks and privileges incidental thereto.

(2.) The petitioner was enrolled as a Constable in the Border Security Force (BSF) on 3/12/1997 and after completion of the basic training, he was posted to 65 Battalion BSF on 18/12/1998 from STC BSF Jodhpur. He applied for leave on 24/5/2014 and his request for 50 days leave was sanctioned by the competent authority. However, he did not go on sanctioned leave and he made a fresh application for 15 days earned leave on the ground of his sister's illness. The said leave was also sanctioned for the period between 25/5/2014 to 11/6/2014 with 2 days journey period.

(3.) Learned counsel for the petitioner has submitted that there was no proper enquiry conducted and that all the evidences were recorded only in English, which is in violation of Rule 134 of the BSF Rules, 1969, as the petitioner does not understand English. The said submission has been refuted by the learned DSG, stating that at every stage, the petitioner was given opportunity to defend his case and it was the petitioner, who failed to utilize such opportunities, which ended in his dismissal from service.