Supreme Court · 1996 INSC 330 · Decided 28 February 1996

Union of India and Others v. Ram Phal

Court
Supreme Court of India
Citation
1996 INSC 330 · [1996] 2 S.C.R. 1144
Case number
CIVIL APPEAL No. 4450/1991
Decided
28 February 1996
Bench
S.C. AGRAWAL, G.T. NANAVATI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Se1Vice Law: Border Security Force Act, 1968: Section 11((2). · Dismissal-Power of-Holding of enquiry before passing dismissal order-Not necessary in view of insertion of Rule 2(}-Border Security Force Rules, 1969. Dismissal-Validity of-Show cause notice given-Constable not reply­ D ing order valid. Dismissal-Validity of-Constable dismissed since his retention was undesirable-Dismissal not because of misconduct of absence without E leav~Period of absence treated as extraordinary leave-Dismissal order-Basis of-Neither knocked out nor inconsistent-Grant of

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