EX CONSTABLE RAM SINGER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging termination of his services. He was working as Constable in BSF. He was charged under Sec. 23 of the BSF Act. Allegation against him was that at the time of enrolment, he wilfully gave false answer to a question setforth in the prescribed form of enrolment. Against the column of his father's name, the name of Sh. Kailash Nath was mentioned who was in fact his father-in-law. Inquiry was held. Certain witnesses were examined. The petitioner allegedly pleaded guilty to the charge before Summary Security Force Court Proceedings. Thereafter services of the petitioner were terminated. Petitioner submitted appeal on 5.11.1993 under Sec. 117 of the BSF Act to the competent authority. However when no reply was received, petitioner filed this petition in which petitioner challenges order dated 14.4.1993 dismissing him from service with prayer for reinstatement with continuity of service and consequential benefits.

(2.) The petitioner has mainly contended that on applying for recruitment as Constable in BSF, he was called to office on 20.2.1991 and asked to state his father's name. Since his father-in-law Sh. Kailash Nath accompanied at the time of recruitment with whom he was staying, his name was inadvertently mentioned/recorded in place of his father's name Sh. Gharoon Prasad and his address. On coming to know of this inaccuracy and discrepancy in the service record petitioner submitted two applications praying for correction of the above said discrepancy. Thus according to him it was only an inadvertent error and there was absolutely no case against him and he was wrongly charged of making false statement. It is further submitted that he never pleaded guilty which was also recorded during the trial and on that ground he lost even valuable right of cross-examination of the witnesses. In any case, it his submission that punishment is so disproportionate to the offence and therefore cannot stand judicial scrutiny.

(3.) In the counter affidavit filed by the respondents, it is explained that on 8.2.1990, petitioner approached the Assistant Director(Estt.) HQ. DG,BSF,New Delhi with an application for requesting for enlistment in BSF as Constable. In his application he had given his particulars as under:-