IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16402 of 2008 Between: P.Pandu Ranga Swamy S/o.P.Laxmi Narayana D.No.189 EWSH New Santosh Nagar Colony Post Office Saidabad Hyderabad-500059 ..... PETITIONER AND 1 The Govt of A.P rep.by its Ministry of Home Affairs Directorate General Border Security Force Block No.10 5th Floor CGO Complex Lodhi Road New Delhi-110003 2 OFFG Commandent 94 Batallion Border Security Force Roshan Bagh Musheerabad District West Bengal .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue any writ order or direction more in the nature of writ of Certiorari call for the records and quash the order passed by the 2nd respondent vide proceedings No.Esst/1061/PRSP/94BN/2006/12316-39 dt.12-08- 2006 treating the absence of the petitioner from 31-12-2005 to 12- 08-2006 as Dies non" as the same is arbitrary illegal and against the principles of natural justice and pass Counsel for the Petitioner:MR.S.SRIDHAR Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16402 of 2008 ORDER: The petitioner was appointed as a Constable in Border Security Force (BSF) on 01.01.2004 and was posted to the unit in Mushidabad District. He applied for leave from 12.12.2005 to 31.12.2005, on the ground that his mother has fallen ill. The leave was sanctioned and the petitioner came to Hyderabad to take care of his mother. He states that his mother persuaded him to resign the job and accordingly, he forwarded a letter of resignation, dated 28.12.2005. The 2nd respondent addressed a letter, dated 09.01.2006 intimating the petitioner that the resignation tendered by him cannot be accepted and that he has to make deposit of a sum of Rs.19,900/- towards the cost of training imparted to him. The petitioner was required to report to duty forthwith. The petitioner did not comply with the same. Therefore, the 2nd respondent issued a show cause notice, dated 08.03.2006. On receipt of the same, the petitioner is said to have refunded the amount of Rs.19,900/-, by way of a Demand Draft, but did not report to duty, nor did he submit any explanation. He has also pleaded that his resignation be accepted on medical grounds. Ultimately, the 2 nd respondent returned the Demand Draft and before that, he required the petitioner to attend duty. Thereafter, through proceedings, dated 12.08.2006, the 2nd respondent struck oﬀ the petitioner from the strength of the unit and his absence from 13.12.2005 to 12.08.2006 was treated as dies non. Thereby, the petitioner stood dismissed from service. He preferred an appeal to the 1st respondent and the same was rejected on 12.04.2008 by the appellate authority. Hence, this writ petition. Learned counsel for the petitioner submits that the procedure prescribed for passing an order of dismissal from service was not followed in the instant case and that the absence of the petitioner was necessitated, on account of prolonged ill-health of his mother. He further submits that the respondents ought to have taken a lenient view and either accepted the resignation or taken the petitioner into service. Learned Standing Counsel for the respondents, on the other hand, submits that not only did the petitioner defy all the norms and Rules, but also had remained indiﬀerent in reporting to duty. He contends that the petitioner did not respond to any of the notices and deserted the service. It is not in dispute that the petitioner over stayed the leave granted to him up to 30.12.2005. When a communication was sent to him, requiring him to report to duty, he has forward a letter of resignation. He did not respond positively to the disciplinary proceedings initiated against him. Ever since he left the station on leave on 12.12.2005, he did not show his face to the respondents till now. The gross indiscipline of this nature, in an important para military organization like BSF, cannot be tolerated. The grounds pleaded by the petitioner for his absence are hardly acceptable. Further, when the petitioner has not chosen to submit reply or to participate in the disciplinary proceedings, the 2nd respondent was left with no alternative, except to pass the impugned order. This Court is not inclined to interfere with the impugned order. The writ petition is accordingly dismissed. There shall be no order as to costs. _________ 31.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16402 of 2008 Date: 31.07.2008 JSU