A division bench of Chief Justice Manjula Chellur and Justice MS Sonak of the Bombay High Court has refused to interfere in a decision taken by the Border Security Force to dismiss a constable from service for unauthorised absence from duty. The constable who had petitioned against the BSF’s order of dismissal had sought leave from Nov 2 to Nov 20 2011 but failed to report for duty until March 4, 2012. This was a 102 days over and above the initial leave sought, even after this, he remained absent till March 19, 2012 without applying for further leave.
In the order of dismissal passed against the petitioner it was stated that an application for reinstatement can be made within 90 days from the date of dismissal. No such application was filed within that period. After an application was finally filed and heard by the BSF, it was decided that the order of dismissal will stand.
Taking a strict stance over the petitioner’s actions the bench said- “The very nature of duties attached to the petitioner requires his presence and attention at the field more than his personal affairs. If his personal affairs compel him to stay away from duty of Border Security Force as a constable, definitely the authorities, which has to maintain discipline in the department have every reason to take harsh decision. Unauthorised absence of an employee of BSF is very serious. From 19 March, 2012 after reporting for duty for 15 days after overstaying for 102 days, the petitioner abandoned his duties. Therefore we are of the opinion that even one day of unauthorised absence of a constable of the Border Security Force must be regarded as serious.”
The court then dismissed the petition.
Read the order here.