IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15369 of 2005 MADAN MOHAN DUBEY Versus THE UNION OF INDIA & ORS ----------- For the Petitioner: Mr. Ibrahim Kabir, Advocate For the Union of India: Mr. Kamaluddin, CGC. 3 28.7.2008 Heard learned counsel for the parties. Petitioner has been dismissed from service from Boarder Security Force with effect from 7.7.1999 in exercise of power in terms of section 11(2) of the B.S.F. Act, 1968 and rule 1977 of the Rules. The background under which the petitioner came to be dismissed was that he was declared deserter. He absented himself from duty for more than 113 days. Petitioner was transferred from West Bengal to Sri Nagar but he never reported to the place of posting and disappeared in transit. Subsequently warrant of arrest had been issued against him for apprehending him treating him to be an absconder. The authority sent him various letters under registered post asking him to clarify his position. But the petitioner did not avail such opportunity. He has now brought certain medical prescription as basis and reason for his prolonged absence. As per the evidence which has been brought on record as annexure 1 series the petitioner has psychiatric problem for which he has been treated for a long period of time These are matters which cannot compel this Court to take a lenient view of the breach committed by the petitioner. It - 2 - is not disputed that the explanation offered by the petitioner is an after thought and did not convincingly explain the position to the respondents. That being the position this Court is not inclined to extend any protection to the petitioner by interfering with the order in question. This writ application accordingly is dismissed. RPS (Ajay Kumar Tripathi,J.)