UNION OF INDIA Vs. B N JHA

JUDGEMENT

(1.) The Border Security Force (BSF) has a Training Centre and School (TCS) in the District of Hazaribagh. The said Training Centre is one of the units of the BSF. It has several wings, namely, Admn. Wing, BTC (Basic Training Centre), STS (Specialist Training School) and STC (Subsidiary Training Centre), etc. All the wings of TCS are said to be located in the same premises.

(2.) The respondent herein was a Deputy Commandant in the TCS. The Unit Commandant of TCS happened to be one Mr. B. S. Garcha. In or about July, 1990 the respondent was accused of having received a gratification from two persons, namely, B. K. Jha and Santosh Kumar Jha for procuring their recruitment as constables in the BSF which was discovered in the following circumstances.

(3.) On 17-7-1990 a sum of Rs. 1700/- was said to have been stolen from the said B. K. Jha. Allegedly, he gave out that the respondent had accepted a sum of Rs. 5,000/- for his recruitment. On 16-7-1990 one Mr. Raj Singh, Deputy Commandant reported to the Commandant, Mr. J. S. Bakshi that the said B. K. Jha had stated in presence of one Mr. G. S. Rana that he had brought out a sum of Rs. 8,500/- from his house out of which he was as per instruction of his father, to pay a sum of Rs. 7,000/- for his recruitment but he in fact paid a sum of Rs. 5,000/- to the respondent a week prior to the date of offence. One Constable of the Administrative Wing had allegedly came to him to collect money for the respondent and he had paid a further sum of Rs. 1,000/-. Mr. J. S. Bakshi at about 0930 hours on 17-7-1990 informed Mr. Garcha that the respondent came to his office and apologized for having taken the money.