quote, his services are expected to be subject to a higher duty of care

Justice Wasim Sadiq Nargar said it must be noted that members of the uniformed forces in particular, considering the nature of the duties undertaken by them, are expected to observe a higher duty of care in case of desertion from duty and therefore Applicants cannot justify an extension of overstay solely on the basis of health status after two years.

The Court noted that after the issuance of two notices, a show-cause notice dated 10 September 2002 was finally issued to the petitioner, which provided him with an opportunity to present his defence, and also provided the petitioner with a Copy of the Court of Inquiry Both the petitioner and the petitioner admitted to being absent from the BSF disciplinary force for more than two years and, therefore, the respondent chose to impose the penalty of dismissal from public service.

The Court added that keeping in view the legal principles laid down by the Supreme Court, this Court is of the view that the order dismissing the petitioner does not suffer from any legal flaw and the respondent has complied with the relevant provisions of the BSF Act and the Framework Rules therein and dismisses the petition.