Dismissal Of Border Police Constable For Absence Due To Illness Is “Harsh & Unjustified”: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the dismissal of an Indo-Tibetan Border Police constable for alleged desertion was arbitrary and disproportionate, particularly when his absence was due to medical reasons and he had served the force with an unblemished record for over 18 years.

Justice Sandeep Sharma remarked that: “The petitioner had rendered over 18 years of unblemished service and had repeatedly apprised the authorities of his illness; hence, the Court found his dismissal to be harsh and totally uncalled for.”

In 1998, the petitioner Mahender Singh, joined the Indo-Tibetan Border Police force as a Constable.

However, in December 2005, when the petitioner was travelling for duty, he met with an accident and was admitted to the hospital for treatment of a neurological problem.

The petitioner was also diagnosed with tuberculosis and was admitted to the army hospital, Dehradun, for treatment.

Initially, he was given 30 days of leave for his treatment, and when he asked for an extension for his treatment, it was denied to him. Subsequently, through an office memorandum, he was declared a deserter and was later dismissed from service.

Aggrieved by the order of dismissal, the petitioner filed an appeal under the ITBP Rules, but his plea was rejected. Then the petitioner approached the High Court.

The petitioner contended that he, as well as his family members, had repeatedly informed ITBP about his serious illness and hospitalisation, but the authorities neither extended his leave nor verified the medical situation.

In response, the Union of India submitted that there was no illegality committed in dismissing the petitioner, as he had remained on unauthorised leave beyond the sanctioned period.

It was further contended that repeated memos were sent to the petitioner directing him to resume duty, but he failed to comply, and they were left with no choice but to dismiss him.

The Court observed that the petitioner had served for more than 18 years, and he requested leave extension before the dismissal. The ITBP failed to extend the leave or constitute an inquiry to verify the correctness of the claim put forth by the petitioner with regard to his illness.

The Court also noted procedural inconsistency in ITBP's conduct by declaring him a deserter first and then calling upon him to rejoin duty.

Thus, the Court concluded that ITBP's action was “harsh and totally uncalled for,” as the petitioner's long service and medical condition were ignored.

Case Name: Mahender Singh v/s Union of India & others

Case No.: CWP No. 1251 of 2018

Date of Decision: 06.10.2025

For the petitioner: Mr. Vipinder Roach, Advocate

For the Respondent: Mr.V.B. Verma, Central Government Counsel

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