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BSF constable reinstated 28 years after dismissal for overstaying leave to take care of ailing wife after delivery

Punjab and Haryana High Court slams ‘coercive confession’, flawed inquiry and ‘shockingly disproportionate’ punishment.

The court said the dismissal rested entirely on Singh’s admission of guilt. (Source: File)

After nearly three decades of legal struggle, the Punjab and Haryana High Court has ordered the reinstatement of Sukhwinder Singh, a Border Security Force (BSF) constable dismissed in 1997 for overstaying leave by 104 days to care for his ailing wife after childbirth.

Justice Sandeep Moudgil, delivering the verdict on September 8, called the dismissal order unconstitutional, procedurally flawed, and “shockingly disproportionate.” The ruling quashes the 1997 order, directing Singh’s reinstatement with full back wages and consequential benefits.

Singh had joined BSF’s 6th Battalion in 1992 and was later posted in Jammu. In 1996, his wife underwent surgery during childbirth, leaving the family in distress. Singh took sanctioned leave from January 1 to 30, 1997, but her condition worsened, forcing hospitalisation. He claimed to have informed his superiors through calls and letters seeking an extension, yet was charged with unauthorised absence from January 31 to May 14, 1997.

On July 1, 1997, he was suspended, chargesheeted two weeks later, and dismissed on September 11, 1997, after he admitted guilt during an inquiry, allegedly under assurance from a senior officer that he would be pardoned.

The court said the dismissal rested entirely on Singh’s admission of guilt. “The entire inquiry and dismissal were in entirety based on the petitioner’s admission of guilt which could not have been the sole basis of the decision,” the judgment noted, adding that no independent evidence was produced to verify the reasons for absence.

It held that the admission was extracted under undue influence. “Such an admission, obtained under inducement and undue influence, cannot form the sole basis of punitive action and would amount to violation of Article 20(3) of the Constitution, which affords protection against testimonial compulsion,” the court observed.

Justice Moudgil ruled that Singh was denied a fair hearing. “He was dissuaded from producing any defence material qua the assurance made by the respondent no. 4 that his admission alone would suffice for lesser punishment or even pardon, inevitably denying him a reasonable opportunity of defence. An inquiry conducted in violation of fair hearing is a nullity in the eye of law,” the judgment stated.

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The court also flagged a timeline breach: Singh was given only 12 days to respond to the inquiry report, instead of the mandatory 15, citing Managing Director, ECIL v. B. Karunakar (1993) to stress that access to the inquiry report is an essential part of natural justice.

On the severity of the penalty, the court invoked the doctrine of proportionality. “The penalty of dismissal for overstaying leave, even assuming misconduct, is shockingly disproportionate to the charge,” it said, quoting Ranjit Thakur v. Union of India (1987) that punishment must reflect not just the offence but also the circumstances.

The Union of India, represented by Senior Panel Counsel Anita Balyan, argued that Singh’s prolonged absence constituted grave misconduct in a disciplined force. The court rejected this, holding that proportionality and fairness cannot be compromised even in uniformed services.

The court held the dismissal unsustainable on three counts: violation of the constitutional guarantee against self-incrimination; denial of natural justice; and grossly disproportionate punishment.

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Calling it a case that highlights the balance between discipline and humanity, the court ordered Singh’s reinstatement “with all consequential benefits”.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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