Prayer
1. The present writ petition has been preferred invoking the
extraordinary jurisdiction of this Court under Article 226 of the Constitution of
India, seeking prays for quashing of the impugned order dated 25.06.1996
(Annexure P-5) whereby the petitioner has been dismissed from service while
further seeking direction to the respondent-department to reconsider the impugned
orders and to re-examine the petitioner’s case with respect to the quantum of
punishment imposed.
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Factual Matrix :
2. The petitioner was enlisted in the Border Security Force on
16.12.1969 as a Constable (General Duty) and served the Force for several years,
including postings in hard areas in Jammu & Kashmir and North-East India. The
petitioner availed 45 days of earned leave w.e.f. 31.01.1996 to 18.03.1996 and was
required to report back for duty on 19.03.1996. Though the leave was sanctioned
vide certificate dated 29.01.1996, the petitioner could proceed on leave only on
01.02.1996 due to official requirements.
