Excelsior Correspondent
Srinagar, Dec 5: High Court today upheld the dismissal of Border Security Force (BSF) personnel for his unauthorized absence from the service.
Justice Sanjay Dhar dismissed the plea of one Tariq Ahmad Lone seeking quashing of his order of dismissal from the services for being in unauthorized absence for more than six years.
“An employer is not expected to launch a manhunt for an absconding employee in the whole of the world. It is sufficient if an employer sends the communications to an absconding employee at his residential address”, the court said.
The respondent-BSF have contested the writ petition by filing their reply in which it has been submitted that the petitioner-Lone proceeded on eleven days earned leave with effect from 01.08.2003 to 18.08.2003 but he overstayed the leave with effect from 19.08.2003 and two registered letters were issued by the department to the petitioner and sent to his home address calling upon him to join duties forthwith but no response was received from him.
“It is not in dispute that the petitioner did not join his service after the initial leave period had expired on 18.08.2003. As per his own case, the petitioner approached the respondents only in November, 2009. Thus, for a period of more than six years, the petitioner did not approach the respondents and did not even care to know about the fate of his service”, the court said adding “This is what has been done by the respondents as well as by the Enquiry Officer in the present case. Therefore, it cannot be stated that the respondents have failed to follow the procedure prescribed under the BSF Act and the rules framed thereunder or the principles of natural justice”.
The court further added that the petitioner-Lone approached the respondents after more than six years of his leaving the place of posting clearly shows that his approach has been careless and casual towards his duties.
“In these circumstances, directing the respondents to hold a fresh enquiry would be an empty formality and giving an opportunity to the petitioner to present his case before the respondents would be a mere wastage of time, as the same would not alter the position that the petitioner has been guilty of unauthorized absence from duty for more than six long years”, the court concluded.
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