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No HC relief for BSF jawan for unauthorised absence from duty

The Bombay High Court has refused to grant relief to a BSF constable who was dismissed from service as he had unauthorisedly remained absent from duty for several days in 2011-2012.

“Even one day unauthorised absence of a constable of BSF must be regarded as serious… We are therefore of the opinion that there is no need to intervene in the matter,” a division bench said while dismissing the petition filed by aggrieved constable Deepak Jadhav.

“The very nature of duties attached to the petitioner as a security constable requires his presence and attention at the field. If his personal affairs compel him to stay away from duties, definitely the authorities, which have to maintain the discipline, have every reason to take harsh decision,” the bench observed.

The constable had availed leave from November 2 to 20, 2011. Thereafter he did not report for duty and only on March 4, 2012, he joined duty after overstaying for 102 days. Later, he remained absent without seeking leave or permission from March 19 onwards. An order was passed on June 26, 2012, dismissing him from service. He then challenged the decision.

The impugned order indicated that within a period of 90 days from the date of dismissal, the constable can make an application for reinstatement. However, no such application was made within the specified period.

Later, Jadhav made an application and it was decided on merits by the authorities who rejected his plea for reinstatement on the basis of his past record and unauthorised absence from duty.

“At this stage, we fail to understand which order the petitioner intends to challenge by amending the writ petition. The latest order is nothing but reaffirming the dismissal order of June 26, 2012. As a matter of fact, we notice from the prayer in the petition that he has already challenged the latest order dated February 6, 2014,” said the bench.

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