Rajender Singh vs Uoi & Ors.
2012 Latest Caselaw 161 Del

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*       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

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.

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