Northeast Desk, 18th May: In a significant judgment, Justice S. Vaidyanathan, Chief Justice of the Meghalaya High Court, delivered a verdict in the case of Ashwin Patti vs. Union of India, holding that employees of disciplined forces are not eligible for relief if they exceed their leave period without adequate justification.
The petitioner, Ashwin Patti, an ex-constable of the Border Security Force (BSF), filed a writ petition after being dismissed from service. Patti, enrolled on December 3, 1997, was posted to the 65th Battalion BSF on December 18, 1998. Despite being granted sanctioned leave, he failed to report back to duty, resulting in his dismissal by the Summary Security Force Court.
Patti alleged procedural irregularities, citing a lack of understanding of evidence recorded in English, and claimed he was not given a fair chance to defend himself.
However, the court noted Patti’s failure to return to duty despite multiple notices and opportunities. It emphasized the disciplined nature of the BSF and referenced previous punishments for similar offenses.
Relying on precedent, the court upheld the dismissal, citing the importance of maintaining discipline in disciplined forces. It concluded that Patti’s conduct was unacceptable and justified his dismissal.
The court found no procedural irregularities in the dismissal process and upheld the validity of the dismissal order, emphasizing Patti’s obligation to obey orders and maintain discipline.
In summary, the Meghalaya High Court’s judgment underscores the principle of discipline within disciplined forces and upholds the dismissal of Patti for overstaying his leave period without sufficient justification.
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