Summary
In the peculiar circumstances of a BSF constable’s leave overstay, the Court substituted discharge effective on completion of twenty years of pensionable service for dismissal. His explanation concerning family emergencies had not been found false, and he had nearly seventeen years’ service. Past unauthorised absence weighed against reinstatement, which was declined, and no back wages were granted.
Issues
- Whether dismissal for leave overstay required modification in light of the explanation and service history.
- What pension-related relief was appropriate without reinstatement.
Held
- The constable had contacted the Unit Adjutant seeking extension, and his family-emergency explanation had not been rejected as false or incorrect. Dismissal was disproportionate on the material before the Court, although previous unauthorised absence militated against reinstatement. (¶¶ 5, 6, 7)
- Case-specific relief required treating him as discharged from the date he completed twenty years of pensionable service. He received no back wages from the original dismissal date to that completion date; pension arrears were payable within three months of receipt of a certified copy. (¶ 7)
Result
Appeal allowed without costs. Dismissal replaced by discharge effective upon completion of twenty years of pensionable service, without reinstatement or intervening back wages. Pension arrears directed to be paid within three months of receipt of a certified copy.