IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.8423 of 1999 Date of Decision: May 06, 2009 Dr. Karamjit Singh .....PETITIONER(S) VERSUS Union of India & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Vikrant Pamboo, Advocate, for the petitioner. Mr. Anil Rathee, Senior Central Government Standing Counsel, for respondent Nos.1 to 3. Mr. Anil Sharma, Senior Deputy Advocate General, Punjab, for respondent No.4. . . . AJAI LAMBA, J (Oral) In the petition, it has been pleaded that the petitioner was appointed to the post of Medical Officer, Grade-II in the rank of Assistant Commandant in Border Security Force (for short, `BSF’) on 29.5.1992. The period of probation was two years and the petitioner was required to serve the Force for a minimum period of three years on initial appointment. On 26.6.1995, the petitioner submitted his resignation from service as Medical Officer, CWP No.8423 of 1999 [2] through proper channel. The petitioner even got a legal notice served on 13.11.1995 with the same plea. On 19.11.1995, the petitioner requested the authorities to stop his pay and allowances on account of his inability to join duty. The petitioner was informed vide Communication dated 30.12.1996 that his request for resignation has been rejected. The petitioner was advised to submit fresh resignation letter if he so desired. The petitioner submitted his resignation yet again on 20.1.1997. It has been pleaded that on 2.6.1999, after a lapse of 2½ years, the authorities had issued non-bailable warrants to be executed through the Deputy Commissioner, Bathinda to arrest the petitioner and produce him before respondent No.3 i.e. the Commandant 37 BN BSF. The police party raided the house of the petitioner in order to arrest him. Writ petition has been filed to quash the non-bailable warrants and to direct the respondents to accept the resignation of the petitioner w.e.f. 26.6.1995. The stand taken by the respondents in the written statement is that the resignation submitted on 26.6.1995 was rejected by the competent authority due to exigencies of service in the general elections/ operational situation in Kashmir and it was so conveyed to the petitioner on 12.11.1996. In regard to fresh resignation dated 20.1.1997, the stand of the respondents is that CWP No.8423 of 1999 [3] request of resignation was forwarded to the Headquarters, BSF, Srinagar. The petitioner, at that point in time, was over-staying. The petitioner initially was granted 60 days’ Earned Leave from 12.7.1995 to 10.9.1995 and on his request, the leave was extended w.e.f. 11.9.1995 to 1.11.1995. Fresh resignation was received much subsequently when the sanctioned leave period had already expired, however, the petitioner had not joined. The petitioner, therefore, had over-stayed leave after 1.11.1995. Learned counsel for the respondents has pointed out that because the operation of non- bailable warrants had been stayed by this Court, the petitioner was not arrested. Be that as it may, show cause notice was issued to the petitioner to terminate his services on account of misconduct. Despite opportunities having been given, no reply was received. The petitioner did not join duties. The matter was referred to the Central Government with recommendations of Director General, BSF, in accordance with Rule 20 of the Border Security Force Rules, 1968. Considering the facts and circumstances of the case, services of the petitioner have been terminated by way of dismissal without pensionary benefits under the said Rule w.e.f. 5.8.2008. Learned counsel for the respondents contends that the order of dismissal has not been CWP No.8423 of 1999 [4] challenged till date. So far as the claim made in the petition is concerned, the same does not survive. In view of the above, the petition is disposed of. (AJAI LAMBA) May 06, 2009 JUDGE avin