$~
12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)No.6254/1999
% Date of decision: 9th January, 2012
RAJENDER SINGH ..... Petitioner
Through : None.
versus
UOI & ORS. ..... Respondents
Through : Mr. P.S. Parmar, Adv.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR. JUSTICE J.R. MIDHA
J.R. MIDHA, J.
*
1. The petitioner working as Lance Naik with BSF, was instructed on 30th September, 1997 to collect a copy of the writ petition from Delhi office of BSF and report back by 10th October, 1997. However, the petitioner did not report back. A registered letter dated 24th November, 1997 was issued to the petitioner. On 4th December, 1997, a Court of inquiry was instituted which was completed on 10th December, 1997. A show cause notice dated 31st December, 1997 was issued to the petitioner to which he did not respond. Vide dismissal order dated 19th February, 1998 under Rule 177 of BSF Rules, 1969, the petitioner was dismissed from service on the ground that he absented himself without leave with effect from 11th W.P.(C)No.6254/1999 Page 1 of 3 October, 1997 without any reasonable cause and that his further retention in service was undesirable.
2. The petitioner made a representation dated 30th March, 1998 on the ground that he collected the copy of the writ petition on 10th November, 1997 but due to some mental disturbance/unknown reason, he became unconscious and could not know how he reached home and who brought him back. The petitioner claimed that he had been admitted in a Government Hospital, Kosali and was under treatment from 11th November, 1997 to 15th March, 1998. The petitioner's representation was treated as an appeal and was rejected by the competent authority vide order dated 11th February, 1999.
3. The petitioner has challenged the dismissal order dated 19th February, 1998 as well as the order dated 11th February, 1999 dismissing his appeal.
4. The petitioner has placed on record the medical certificate dated 15th March, 1998 issued by a Medical Officer, Kosali to the effect that the petitioner was under his treatment from 11th November, 1997 to 15th March, 1998. However, no document has been placed on record before the respondent or even before this Court to show that the petitioner was ever admitted in the hospital or was unable to attend to his office. W.P.(C)No.6254/1999 Page 2 of 3
5. There does not appear to be any illegality in the respondent's action. However since there is no appearance on behalf of the petitioner, the writ petition is dismissed in default.
ANIL KUMAR, J.
J.R. MIDHA, J JANUARY 09, 2012 aj W.P.(C)No.6254/1999 Page 3 of 3