Discipline Over Sympathy: Court Upholds Dismissal of BSF Constable for Extended Absence.


22 August 2024 Civil Suits >> Civil & Consumer Law  

In a recent ruling of Palyam Delhi Prasad v/s Union Of India & Others, the High Court dismissed a petition from a former Constable of the Border Security Force (BSF), who sought reinstatement after being dismissed from service for overstaying his leave. The court’s decision highlights the importance of discipline within armed forces, emphasizing that indiscipline cannot be tolerated, even in the face of personal hardships.

The petitioner, who joined the BSF on October 16, 2008, faced dismissal on June 10, 2013, after failing to return to duty following a 30-day earned leave taken for his wife’s treatment. Although he was required to rejoin by October 3, 2012, he submitted a letter stating he would not return due to his father’s health issues. This communication prompted the BSF to initiate a Court of Inquiry (COI) to investigate the circumstances surrounding his absence. Despite attempts to reach him, including police involvement, the petitioner remained unreachable.

 
 

On April 13, 2013, the Commandant issued a show-cause notice to the petitioner regarding his potential dismissal for overstaying leave. As he did not respond within the given timeframe, the dismissal was enacted based on the COI’s findings. The petitioner later sought to challenge his dismissal, claiming the penalty was disproportionate to his alleged misconduct. His counsel argued for a compassionate reconsideration, citing the petitioner’s youth and familial responsibilities. However, the court noted that he had not only exceeded his leave by over eight months but had also explicitly communicated his intention to resign from the BSF.

The respondents countered that the dismissal was justified given the serious nature of the misconduct. They pointed out the significant delay of over six years in the petitioner’s appeal, arguing that such an extended period without any action indicated a lack of genuine commitment to his role in the BSF.

Ultimately, the court upheld the dismissal, reinforcing the notion that discipline is paramount in armed services. The ruling draws from previous judgments, highlighting that indiscipline—particularly prolonged absence without valid reason—necessitates stern action. The court concluded that the petitioner’s plea lacked merit, as mitigating factors did not outweigh the gravity of his actions.
This case serves as a critical reminder of the expectations placed on personnel in disciplined forces like the BSF. It underscores that personal circumstances, while tragic, do not excuse a breach of duty that undermines the integrity of such vital institutions.

  BORDER SECURITY FORCE ACT, 1968