Jammu- The High Court of J&K and Ladakh has upheld dismissal from services of a BSF personnel on 12 December 2002, underlining that members of uniformed forces are expected to observe a higher duty of care in case of abstention from duty.
Hearing a plea against dismissal from services of the paramilitary soldier, Kishan Tukaram Gavade of Maharashtra who has been posted in Akhnoor Jammu, a bench of Justice Wasim Sadiq Nargal observed that the BSF authorities could not be expected to wait for “indefinite time” for the personnel to join back his services without any intimation from him.
“This Court finds that there is no denial by the petitioner (Gavade) to the fact that though he was required to join duty after casual leave of 07 days w.e.f. 08.06.2002. However, he did not report back and therefore, on the said basis, he was dismissed from service,” the court said, adding, “The petitioner has sought to justify his absence from duty on the basis of a medical certificate dated 10.05.2004 issued by Medical Superintendent CI-1 Rural Hospital, Rui, Tehsil Baramati District Pune. However, the mere production of a medical certificate at the end of two years does not justify the absence sans any communication/correspondence with the force.”
It is imperative to note that members of uniformed forces in particular, having regard to the nature of the duties enjoined upon them, are expected to observe a higher duty of care in case of abstention from duty, the court said.
“As such, in light of these circumstances, the extended period of overstay by the petitioner cannot be justified by taking a mere plea of a medical condition at the end of two years,” the court said.
Subsequently, the court held that the BSF authorities cannot be expected to wait indefinitely for the petitioner and that there was no error or infirmity in the order dated 12.12.2002.
“…this Court is of the view that the order of dismissal of the petitioner from service does not suffer from any legal infirmity and the same has been passed by the respondents (authorities) in consonance with the relevant provisions of BSF Act and Rules framed therein,” the court said, adding, “Therefore, the instant writ petition, challenging the order of dismissal dated 12.12.2002, being bereft of any merit, is dismissed all alongwith connected application(s).”
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