Jai Inder Singh vs Union of India and Another

(1) By this petition, the petitioner has challenged an order (AnnexureP-6) dated 7.12.1992 dismissing the petitioner from service with effect from 10.12.1992 (AN) u/s 11(2) of B.S.F. Act, 1968.read with Rule 177ofB.S.F. Rules, 1969 on the ground that the petitioner has overstayed from leave without any reasonable cause.

(2) Counsel for the petitioner has brought to our notice the fact that though the order is dated 7.12.1992 but the issuing authority has put the date 11.12.1992 under his signature.

(3) Counsel for the petitioner submits that the show cause notice (AnnexureP-5) vide which the petitioner was asked to submit his reply before 10th December, 1992 is dated 27.11.1992 but the same was dispatched by registered post on 16.12.1992 as per the entry made on the registered envelope in which it was dispatched. In other words the order of dismissal dated 7.12.1992 (Annexure P-6) was passed prior to the dispatch of the show cause notice (Annexure P-6) on 16.12.1994 even without waiting for the reply to the show cause notice which could be filed up to 10.12.1992 by the petitioner.

(4) A specific averment has been made in para 12 of the petition that the show cause notice dated 27.11.1992 was actually dispatched by the Commandant on 16.12.1992 but whereas the order of termination, as already stated, was passed on 7.12.1992 and signed on 11.12.1992. There is no specific denial to this averment in the counter affidavit by the respondents.

(5) In these circumstances, we are of the opinion that the Appointing Authority was predetermined to pass the order of dismissal without waiting for the reply to the show cause notice issued by it and, Therefore, such an order of dismissal is in violation of principles of natural justice and cannot be sustained. The order of dismissal (Annexure P-6) is, Therefore, hereby struck down. However, the respondents will be at liberty to take action against the petitioners in accordance with law. The petition stands disposed of.