Service Law – Appellant, constable in the Border Security Force (BSF) was sanctioned leave from 10.02.2007 to 01.03.2007– Rejoined on 04.04.2007 – Dismissed on the ground of such misconduct – On appeal, held: Appellant contacted his Unit Adjutant for extension of leave – He furnished an explanation which was not rejected as either false or incorrect – Having regard to the facts that the appellant had nearly seventeen years of service by the date of the incident and the imposition of dismissal would be disproportionate, appellant be treated as having been discharged from service w.e.f the date on which he completes his pensionable service of twenty years – Arrears of pension to which the appellant is entitled be paid within three months from the date of receipt of certified copy of the present order – Border Security Force Act, 1968 – s.19(b).
Allowing the appeal, the Court
HELD: The appellant had contacted his Unit Adjutant for extension of leave and furnished an explanation for seeking a further extension. That explanation was not rejected as being either false or incorrect. The appellant had seventeen years of service. The imposition of the penalty of dismissal would be disproportionate having regard to the material which has emerged from the record. Instead of and in substitution of an order of dismissal from service, the appellant shall be treated as having been discharged from service with effect from the date on which he completes pensionable service of twenty years. However, the appellant will not be entitled to any back wages between the date on which he was originally dismissed and the date on which he completes the requirement of pensionable service. [Para 7][769-A-F]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.