EX CONSTABLE SAILESH SHARMA vs UNION OF INDIA AND ORS

Judgment text excerpt

$~114 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5143/2016 EX CONSTABLE SAILESH SHARMA .....Petitioner Through: Mr. Jitendra Kumar Singh, Adv. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Vinay Kumar Shukla, Adv. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 16.07.2025 AJAY DIGPAUL, J. 1. Through the medium of instant petition, the petitioner has called in question the dismissal order dated 14.08.2012 passed by the respondents on grounds of absence without leave, as also the order dated 22.08.2015 rejecting the statutory appeal. The petitioner further seeks a direction to the respondents to reinstate him in service with all consequential benefits, by treating the period of absence and dismissal as having been spent on duty. 2. The factual backdrop leading to the filing of this petition is that Signature Not Verified Signed By:SHILPI W.P.(C) 5143/2016 Page 1 of 15 Signing Date:08.08.2025 20:04:16 the petitioner was enrolled in Border Security Force1 as Constable (GD) on 23.06.2008. Upon completion of Basic Recruit Training at RTC, Bhondsi under 25 Battalion, BSF, he was posted to 7th Battalion, BSF, where he joined on 22.04.2010. 3. Thereafter, the petitioner was detailed for participation in the DG’s Farewell Parade/ BSF Raising Day Parade and was accordingly sent to the 25th Battalion, BSF, along with a certificate of medical fitness issued by the Medical Officer of the unit, vide Movement Order dated 15.09.2011. 4. The genesis of the present controversy arises from the petitioner’s absence without leave from the 25th Battalion, BSF, with effect from 29.12.2011. In this regard, a missing report/ First Information Report was lodged by the said Unit at Police Stati